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(영문) 광주지방법원 2018.02.22 2017노489
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (7 million won in penalty) so far as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too uneased and unfair.

2. In light of the following circumstances, the Defendant’s age, sexual conduct (no person before the same end), environment, degree and result of negligence (no one person among the victims shall drinking 0.136%, one person among the victims shall inflict an injury upon the victims, and the other person shall inflict an injury upon the victims of six weeks), and the circumstances after the commission of the crime (e.g., agreement with the victims, confession, and reflect), the lower court’s punishment is too heavy or uneasible and thus, the Defendant and the prosecutor’s assertion cannot be accepted.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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