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(영문) 광주지방법원 2012.12.26 2012노2186
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. The judgment appears to be against the defendant when the defendant led to the confession of each of the crimes of this case, and the fact that the defendant agreed with the victims of the traffic accident that occurred is favorable to the defendant.

On the other hand, the defendant was sentenced twice each to suspended sentence and fine due to the crime of violation of the Road Traffic Act, and the defendant was driving a vehicle with a blood alcohol concentration of 0.192% at the time of the crime of this case and causing a traffic accident that causes damage to KRW 3,111,291 and KRW 2,100,000 for each repair cost by drilling the vehicle that was parked on the road at the time of the crime of this case, and the defendant did not transfer the name of the vehicle registration for about 8 months and operated the vehicle without purchasing the mandatory insurance, which is the minimum measure to recover damage to the victim at the time of the occurrence of the traffic accident, which is disadvantageous to the defendant.

In addition, the lower court appears to have determined a sentence after taking account of the circumstances favorable to the Defendant, and considering the various circumstances, such as equity in sentencing with the same kind of case and sentencing, the background of the instant crime, and the Defendant’s age and happiness environment, it does not seem that the sentence imposed by the lower court is too unreasonable.

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

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