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(영문) 광주지방법원 2018.06.28 2017노4316
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, and 40 hours of order to attend a compliance driving) is too unreasonable.

2. The circumstances are favorable for the following reasons: (a) the defendant recognized his mistake and reflects his mistake; (b) the defendant agreed with the victim smoothly; and (c) the defendant has no record of punishment exceeding the fine.

On the other hand, the crime of this case was committed by a defendant who causes a traffic accident while driving alcohol and caused serious injury to a victim, and the crime of this case is not weak, and the defendant again committed the crime of this case despite the fact that he had been punished for driving alcohol in the past.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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