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(영문) 광주지방법원 2020.06.18 2020노726
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. The judgment of the defendant, even though he had the history of being sentenced to a suspended sentence of imprisonment due to a crime of drunk driving, violates again the provision on the prohibition of drunk driving in the instant case second time, and also violates the provision on the prohibition of drunk driving, and is relatively high in blood alcohol level. The defendant committed the same crime in the instant case even though he had the history of being punished by the crime of the escapeing vehicle and the accident after the accident in 2012, and the defendant had the history of having been punished several times for other crimes, and there is a history of having been sentenced to imprisonment with prison labor among them.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects it, and that there is an agreement with the victims of the crime resulting from the death or injury of escape and the accident after the accident.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, and environment, it is not recognized that the lower court’s punishment is too heavy or unreasonable, 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 under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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