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(영문) 광주지방법원 2020.09.24 2019노2578

교통사고처리특례법위반(치상)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (basic KRW 9 million) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. The judgment of the Defendant caused a traffic accident while driving a drunk, resulting in injury to the victims, and the Defendant, even though he was sentenced to a suspended sentence due to the crime of aiding and abetting Fraud in 2018, was under a suspended sentence, the instant crime was committed, making it difficult for the Defendant to accurately measure the blood alcohol concentration by drinking further immediately after the traffic accident, and failing to agree with the victims, etc. are disadvantageous to the Defendant.

On the other hand, it is difficult to view the fact that the defendant recognizes the crime of this case and reflects the victim's injury, and the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, so it is possible to compensate the victims' damage, there is no record of punishment for drunk driving, and it is not a criminal record of the same kind of imprisonment before the suspension of the execution of the above imprisonment.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, and environment, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.