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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2016.09.22 2015노3020
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, community service 80 hours, the participation in compliance driving lectures) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant reflects his mistake, that the degree of injury of the victims is minor, and that the victims do not want the punishment of the defendant by mutual consent with the victims.

On the other hand, the following is disadvantageous.

In blood, it caused a traffic accident while driving under the influence of alcohol concentration 0.195%.

The defendant has a record of being punished twice for the same crime, and in particular, he has a record of causing a traffic accident while driving a drinking.

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, environment, etc., and various sentencing conditions as shown in the records and arguments, even if considering the circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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