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(영문) 광주지방법원 2017.04.18 2017노135

특정범죄가중처벌등에관한법률위반(도주치상)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. The Defendant, on behalf of the victim, deposited KRW 6 million for the victim, and the fact that there is no record of punishment exceeding the fine is favorable to the Defendant.

On the other hand, the Defendant, while driving under a license without a license with a significant alcohol concentration of 0.146% during blood, brought an serious injury to the injured party who was faced over the central line, and went away from the site without any relief measures to conceal his driving of alcohol.

The defendant did not receive a letter from the injured party, and the injured party wanted to be punished strictly by the defendant, and there is no change in the sentencing conditions in the case of the other party.

In addition, comprehensively taking into account all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, etc., the lower court’s punishment is only within the reasonable scope of discretion, and is too heavy or minor.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.