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(영문) 대구고등법원 2013.03.21 2012노811
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The Defendant is not guilty of having been sentenced to punishment.

The defendant has recognized all crimes and committed a mistake in depth.

The crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents was fully agreed with the victim.

The defendant has a mother and child responsible for supporting the defendant, and is the representative director of a small and medium enterprise with 20 or more employees, and manages the overall business of the above company.

Such circumstances are favorable to the defendant.

However, the defendant has been sentenced to a fine and a suspended sentence due to drinking driving.

In particular, in the year 2012, the crime of drinking driving in this case was committed again even though the two-year judgment of suspended sentence was sentenced for six months of imprisonment due to the crime of drinking driving.

The blood alcohol concentration of this case is very high to 0.225%.

In addition to the occurrence of a traffic accident during the crime of drinking driving of this case, the victim's family member reported to the police immediately after the crime was committed.

In light of this point, it is necessary to punish the defendant strictly.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the sentencing of the lower court is not deemed to be unfair because the sentencing of the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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