beta
(영문) 광주지방법원 2017.08.08 2016노4687

교통사고처리특례법위반등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. The Defendant did not have any record of punishment beyond a fine, and the victims do not want to be punished for the Defendant by mutual consent with the victims.

On the other hand, the defendant not only driven a drinking, but also destroyed three vehicles by causing traffic accidents, and injured four victims, and one of them suffered serious injury of 14 weeks.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

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