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(영문) 광주지방법원 2018.05.10 2018노961
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unfair.

B. The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The Defendant, while drunk, while driving along the crosswalk without reducing the speed of the vehicle at the intersection where the crosswalks are located, the Defendant forced the victim to walk the crosswalks, and immediately after the accident, the Defendant also aided the female living together with the victim to avoid the crime is very bad.

The degree of injury of the victim is severe, and no agreement has been reached with the victim.

The defendant had a history of criminal punishment twice due to drinking driving, again caused a traffic accident while drinking alcohol or driving without a license.

At the time of the instant case, the alcohol level of the Defendant’s blood was 0.134% higher.

On the other hand, the following conditions are favorable.

Defendant reflects on crimes.

The defendant paid the amount equivalent to the medical expenses paid by the insurance company to the victim to the insurance company, and further made efforts to recover the damage, such as deposit the victim's KRW 10 million.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor and the Defendant’s assertion are without merit, on the grounds that the lower court’s punishment is too weak or unreasonable.

3. The final prosecutor and the defendant’s appeal are all groundless, and they are all dismissed under Article 364(4) of the Criminal Procedure Act.

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