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(영문) 광주지방법원 2016.11.15 2016노3228
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On the other hand, the prosecutor appealed to the court below's decision that the defendant's punishment (eight months of imprisonment) is too unreasonable, while the prosecutor appealed to the court below's decision that it is too uneasible and unreasonable.

2. The judgment of the defendant agreed with the victims, all civil damages were compensated for after entering into a comprehensive motor vehicle insurance contract, and there is no record of criminal punishment exceeding fines for the same kind of crime before.

However, since the defendant was engaged in driving without a drinking license for about four months while he/she was investigating the victims by causing a traffic accident due to drinking driving, the crime is repeated and the responsibility for the crime is heavy.

In addition, the defendant was driving in the state of 0.134% and 0.126% of blood alcohol level respectively, and was subject to criminal punishment three times for the same crime.

Therefore, the sentence of sentence against the defendant is inevitable.

In addition, considering the sentencing conditions of this case, such as the Defendant’s age, character, conduct and environment, the lower court’s punishment is within the reasonable scope of discretion and is not deemed as excessive or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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