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(영문) 광주지방법원 2016.10.05 2016노855
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 3.5 million won) pronounced by the lower court is too unreasonable.

2. The judgment of the defendant properly accepted the defendant's mistake, the injury suffered by the victims is relatively minor, and the defendant has a criminal record of the same kind, but it was ten years ago, and the victims do not have a punishment for the defendant, and the defendant is an elderly person at the age of 73 years.

On the other hand, the fact that the crime of this case, which caused a traffic accident while driving alcohol, is not good, is disadvantageous.

In addition, considering the above favorable circumstances, the court below seems to have determined the punishment by reducing the fine according to the summary order. In full view of various sentencing conditions shown in the argument of this case, such as the background of the crime of this case, the circumstances after the crime, the age, character and conduct of the defendant, etc., the defendant's assertion is without merit, since the punishment imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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