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(영문) 대구지방법원 2014.12.11 2014노2251
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. The Defendant’s judgment is going to not repeat a crime by seriously reflecting the error in the crime. It appears that the Defendant supports the mother of the aged, is responsible for the livelihood of the wife and children, and is also not good for health.

However, the Defendant had been punished several times due to the crime of drinking driving and refusing to measure drinking, etc. (two times of suspension of execution of sentence, one time of fine), and again committed the instant crime.

The crime of this case was committed by a criminal defendant while driving a drunkly, resulting in a traffic accident, and the quality of the crime was not less severe, and the blood alcohol level was higher than 0.164%, and it was not agreed with the victim until the trial was over.

In addition, considering the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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