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(영문) 광주지방법원 2016.12.21 2016노1732
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, one hundred and twenty hours of community service, and forty hours of order to attend a compliance driving lecture) that the court below sentenced is too unreasonable.

2. A favorable circumstance is that the defendant's mistake was properly recognized and reflected, and that the defendant was the victim's wife against the defendant by agreement with the victim.

On the other hand, the court below seems to have determined the punishment in consideration of the above favorable circumstances, and there is no change in circumstances that can be considered in the sentencing after the sentence of the court below, and the defendant was punished for drinking driving even after the past 2006 and around 2010, and even though he had the record of being punished for drinking driving, it is disadvantageous.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Defendant’s assertion is not reasonable on the grounds that the sentence imposed by the lower court 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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