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(영문) 광주지방법원 2019.02.19 2018노3735
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflected, the degree of injury of the victims is relatively minor, and the agreement is reached with the victim E at the lower court stage.

However, there are previous criminal records that the defendant had already been punished for drinking driving twice, and the defendant was sentenced to imprisonment for six months with prison labor for injury in the wooden branch of the Gwangju District Court on October 14, 2016 and the above judgment became final and conclusive on October 22, 2016, and was still under suspension of execution, but did not know about the crime of this case, and the blood alcohol concentration at the time of drinking driving was 0.191% higher than that of the blood alcohol concentration at the time of drinking driving.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of various sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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