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(영문) 광주지방법원 2017.02.15 2016노4944
도로교통법위반(사고후미조치)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The instant crime committed by the Defendant, while driving a drinking alcohol, does not have the nature of the relevant crime because the Defendant escaped while driving a motor vehicle accident as it is, and the Defendant committed the instant crime even if punished five times, including imprisonment with prison labor due to drinking driving, on the other hand, at the same time. The Defendant’s blood alcohol concentration level at the time of the instant case is disadvantageous.

On the other hand, it is advantageous to the fact that the defendant properly recognizes and reflects his mistake, that the victim does not punish the defendant by agreement with the victim, and that the defendant is punished by drinking driving before 2008 in full.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too heavy or it is not deemed unfair as it is too heavy, 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 in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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