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(영문) 광주지방법원 2019.09.05 2019노365

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding driving lecture) is too unreasonable.

2. The fact that the degree of injury suffered by the victims cannot be deemed to have been serious, that the Defendant’s driver’s vehicle is covered by a comprehensive motor vehicle insurance policy, that there was an additional agreement with the victims, and that there was all the records of punishment for a single fine prior to the instant crime are favorable to the Defendant.

On the other hand, the crime of this case committed while driving a vehicle under the influence of alcohol and causing a traffic accident is disadvantageous to the fact that the nature of the crime is not good.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., as well as the sentencing guidelines for the Supreme Court’s sentencing committee (from August to two years), the Defendant’s assertion is without merit, since the lower court’s punishment is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.