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(영문) 광주지방법원 2017.09.26 2017노2723

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The Defendant agreed with the victims.

However, while driving under the influence of alcohol, the Defendant caused a traffic accident and caused the victims with the injury requiring medical treatment of three weeks and four weeks. However, the injury inflicted on the victims is not weak.

In addition, the defendant, who is under investigation of the above traffic accident, was driving at once under the influence of 0.287% of alcohol level among blood transfusions and was punished several times for the same crime, and the will to comply with the law and order is weak and the risk of recidivism is high.

In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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