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(영문) 광주지방법원 2018.12.05 2018노2301

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (a year of imprisonment, a year of suspended execution, and an order to attend a law-abiding driving lecture of 40 hours) on the summary of the grounds of appeal is too unreasonable.

2. The judgment was based on the circumstances favorable to the defendant, such as the fact that the defendant recognized and reflected the crime of this case, and that the victims and the defendant agreed smoothly.

However, in light of the following factors: (a) the Defendant was punished for drinking driving in the year 2013; (b) the Defendant’s blood alcohol concentration was considerably high; and (c) the victims of the instant accident were significantly serious, compared to the lower court’s judgment; and (d) there were no particular changes in the sentencing conditions; and (b) the various sentencing conditions specified in the argument in the instant case, including the fact that the lower court’s punishment is too excessive and unfair. Therefore, the Defendant’s above assertion is without merit.

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.