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(영문) 광주지방법원 2013.11.01 2013노1999
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (two months of imprisonment) is too unreasonable when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The judgment of the defendant recognized the crime of this case and divided it, the defendant's economic situation is not good, and the defendant is detained in this case and is at risk of dismissal in the workplace is favorable circumstances.

However, the instant crime is a matter of causing a traffic accident while driving a vehicle while under the influence of alcohol 0.223% by the Defendant while driving the vehicle, and resulting in an injury to five passengers of the vehicle and the damaged vehicle. Considering the risk of drunk driving, the blood alcohol concentration of the Defendant at the time of the instant case, the size of the traffic accident and the degree of injury suffered by the victims, etc., the instant case is not easy.

In addition, even though the Defendant had been sentenced to suspended sentence due to drinking traffic accidents in 2010, the Defendant committed the instant crime and did not reach an agreement with the victims up to the time of the trial.

In full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, family environment, and the fact that the lower court sentenced to discretionary mitigation by taking account of the favorable circumstances for the Defendant, and then sentenced to a lower sentence than the statutory minimum (one year of imprisonment), the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable for the Defendant’s argument is without merit.

3. In conclusion, the defendant's appeal 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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