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(영문) 광주지방법원 2017.07.05 2016노4482
교통사고처리특례법위반(치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the defendant did not agree with the victim up to the trial of the party, and that the blood alcohol level is high, strict punishment against the defendant is necessary.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the distance of the Defendant’s driving is not clear and the degree of the victim’s injury is not excessive; (c) there is no record of criminal punishment against the Defendant; and (d) the Defendant’s age, sex and environment; (b) the motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the argument of the instant case, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) it is deemed that the sentence imposed by the Defendant is too heavy or unreasonable; and therefore,

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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