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(영문) 광주지방법원 2019.01.09 2018노2837

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below is too inappropriate.

2. It is recognized that the judgment of the defendant is divided into his mistake, that the defendant agreed with the victims and that the degree of injury suffered by the victims is not serious.

However, considering the fact that the nature of the crime of this case is not good, that the defendant committed the crime of this case again even though he had the same criminal record, that the agreement with the victims was submitted but did not recover additional damage, that the degree of blood alcohol level is considerably high, the sentencing balance with the same crime, the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and other conditions of various sentencing specified in the arguments of this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable. Thus, the above argument of the defendant 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.