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(영문) 대구지방법원 2016.07.12 2015노4035
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. On the other hand, the accused is against the charge of facts charged, and the degree of injury to the victim and the degree of damage to the vehicle due to the accident in this case is not much serious, and the accused has no record of being punished due to drinking driving and traffic accident.

However, among the blood of this case, alcohol concentration is higher than 0.105%, and the defendant does not seem to have made a separate effort to recover damage to the victim, and the defendant is punished twice by driving without a license.

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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