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(영문) 제주지방법원 2015.08.27 2015노186
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 (four million won of fine) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area of the first instance court regarding the determination of sentencing, and where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect

(Supreme Court Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant asserted criminal facts at the lower court but recognized the crime at the time of the trial, the distance of drunk driving is short, and the victim of the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is also a factor for sentencing favorable to the Defendant.

① However, the crime of this case was committed by the Defendant under the influence of alcohol content of 0.1% or more, and the statutory penalty is imprisonment of not less than six months but not more than one year, or a fine of not less than three million won but not more than five million won. ② Although the Defendant had the record of criminal punishment of a fine of not less than 8 million won due to driving under the influence of alcohol in 2008, the Defendant again committed the act of driving under the influence of alcohol in this case; ③ the victim suffers from the injury of the blood species and the parts adjacent to the inner side of the blood side, which requires the treatment of about three weeks, and the degree of the damage is not easy, and all the all all the the the the the the the the the the sentencing conditions shown in the records and arguments of this case, including the Defendant’s age, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it cannot be deemed unfair for the lower

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

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