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(영문) 창원지방법원 2016.02.04 2015노2893
교통사고처리특례법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the reason for appeal is too unreasonable because of the punishment (six months of imprisonment) declared by the court below, and the prosecutor asserts that the prosecutor is too unfeasible and unfair.

2. The Defendant, while driving a dump truck with alcohol concentration of 0.09% during blood, was in violation of the signal while driving the dump truck.

In addition, the defendant's violation of laws and duty of care is serious, the degree of damage of the damaged vehicle is large, and the victim H and I suffered the injury is 7 weeks, and the injury requires eight weeks' treatment, so the case is heavy.

Nevertheless, the Defendant did not have made efforts to recover damage.

On the other hand, however, since the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, the victims' economic damage seems to be recovered, the defendant's mistake is recognized and reflected, and it is only once in 1987 that the defendant has no record of punishment due to drinking driving, and is punished as a violation of the Act on Special Cases concerning the Settlement

In addition, it is difficult for one defendant to be in an economic situation and health condition is not good.

In full view of such circumstances and other conditions of sentencing as the Defendant’s age, sex, environment, circumstances and result of the crime, etc., the sentence imposed by the court below within the appropriate scope.

Since the defendant and the prosecutor's assertion that punishment is too heavy or unreasonable is not accepted.

3. In conclusion, all appeals filed by the defendant and the prosecutor are dismissed as it is without merit. It is so decided as per Disposition.

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