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(영문) 창원지방법원 2018.10.04 2018노1926
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment appears to have the attitude of recognizing and opposing all of the crimes of this case, the damage to the victim was recovered due to the automobile comprehensive insurance in which the defendant was admitted, the defendant supports his old parent, and there is a high risk that his dependent might suffer economic difficulties due to the detention of the defendant, and the fact that the defendant's wife wants to leave his wife against the defendant is favorable to the defendant.

However, even though the defendant had been punished twice due to drinking driving, the defendant is driving under drinking, the defendant was driving under drinking and did not take necessary measures to cause traffic accidents due to negligence in violation of the signal, and did not reach an agreement with the victim, the defendant's blood alcohol concentration at a relatively high level of 0.163%, even if considering the time until the time of measurement after drinking, and the defendant's age, sex, environment, motive, means and consequence of the crime, and all other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive, means and consequence of the crime, are considered, it does not seem unfair for the court below to impose the defendant too much punishment.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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