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(영문) 광주지방법원 2016.04.14 2015노3152
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (six months of imprisonment) of the lower court is too unreasonable.

Judgment

The fact that the defendant repents his mistake, the degree of injury of the victim is not significant, and the fact that the victim does not want the punishment is favorable to the defendant.

On the other hand, the following points are disadvantageous to the defendant.

Prior to the instant case, the Defendant was punished for driving without a license one time and three times due to drinking driving.

The crime of this case is likely to be criticized because the defendant committed in the state of 0.195% alcohol concentration during the suspension period due to drinking driving.

In addition, comprehensively taking into account all the factors of sentencing as shown in the pleadings of the instant case, including the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable even if considering the favorable circumstances of the Defendant.

Therefore, the defendant's argument of sentencing is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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