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(영문) 춘천지방법원 강릉지원 2013.09.24 2013노269
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (limited to eight months of imprisonment, two years of probation, 40 hours of probation, 120 hours of probation, 120 hours of community service) is too unreasonable.

There are circumstances favorable to the defendant, such as minor damages caused by accidents in the market and agreements with the victim, elderly and being treated due to the abolition of the contract.

However, even though the driver's license was revoked after having been sentenced to a fine for drunk driving in the year 2012, considering the fact that the person committed the instant crime under drinking (at around 18:55, immediately after the accident, the blood alcohol level was measured by 0.075%, but was not prosecuted due to drinking driving in accordance with the Defendant's statement and the Medmark formula) and all other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant's age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court's sentencing cannot be deemed unfair because it is too too unreasonable.

Therefore, 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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