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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2013.05.22 2013노316
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (two years of suspended sentence in August) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The fact that the defendant recognized his mistake, agreed with the victim smoothly, and did not focus on the degree of injury of the victim is favorable to the defendant.

On the other hand, the defendant's blood alcohol level at the time of committing the crime of this case is 0.147%, and the defendant has been punished on several occasions, such as drinking driving, refusal of drinking, etc., is disadvantageous to the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the means and consequence of the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is too heavy or unreasonable. Therefore, 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 in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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