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(영문) 광주지방법원 2017.07.18 2016노3759

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 suffered a relatively minor injury to the victim, and agreed with the victim, and only was punished twice by a fine.

However, the defendant not only driven in the state of 0.211% alcohol concentration in blood, but also caused traffic accidents. In 2012, the defendant was punished for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles).

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the 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.