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(영문) 부산지방법원 2016.11.24 2016노3570
교통사고처리특례법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the punishment of one year and four months of imprisonment sentenced in the original judgment, the defendant asserts that it is too unreasonable, and the prosecutor argues that it is too uneasible and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

It is recognized that the circumstances such as the defendant's erroneous recognition of the defendant as a youth of 23 years of age and reflects his attitude, and that the defendant has no criminal records exceeding the fine.

However, considering the fact that it is difficult to deny the fact that the defendant was driving a motor vehicle in the state of drinking alcohol level of 0.089%, even though he had been subject to a fine twice due to drinking alcohol driving in 2012, it is difficult to deny that the crime of the crime of the crime of the case of the case of the case of the case of the case of the case of the crime of the case of the case of the crime of the case of the crime of the case of the case of the crime of the case of the crime of the case of the crime of the case of the crime of the case of the case of the crime of the case of the crime of the case of the crime of the crime of the crime of the case of the victim, the possibility of its criticism is very heavy and the defendant needs to sentence a severe punishment corresponding to this.

Considering the above circumstances and other circumstances such as the Defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime, the sentence sentenced by the court below is determined to be within the proper scope of sentencing discretion.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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