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(영문) 광주지방법원 2020.08.19 2020노1297
교통사고처리특례법위반(치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (one year and six months of imprisonment) by the lower court, the Defendant asserted that it is too unreasonable for the Defendant, while the prosecutor appealeded that it is too uneasible and unreasonable for the prosecutor.

2. The judgment of the Defendant shows the form of recognizing and reflecting the crime.

The victims of traffic accidents seem to be relatively minor, and they agreed with the victims C in the trial.

On the other hand, the Defendant was driving without a license in a state of 0.182% alcohol concentration by blood alcohol concentration, causing a traffic accident and inflicted an injury on four victims. The blood alcohol concentration is very high, causing a traffic accident, and the nature of the crime is not good, and the Defendant did not agree with three victims.

The defendant not only has been punished several times due to drinking driving, but also has carried out a driving without a license during the period of probation due to drinking driving.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and the sentencing conditions indicated in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view that it is too heavy or less.

Therefore, the defendant and the prosecutor's argument are not accepted.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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