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(영문) 광주지방법원 2016.04.19 2015노3374
교통사고처리특례법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination is not so significant that the degree of injury caused by the instant traffic accident is not significant, and that the Defendant’s blood alcohol concentration at the time of committing the crime is somewhat lower than 0.065%, which is favorable to the Defendant.

However, considering the fact that the defendant had been punished five times due to driving without a drinking license, and that even though he was tried on September 2, 2014 due to the crime of this case on September 2, 2014, he again committed the crime on July 10, 2015 and thus is highly likely to repeat the crime, as a result of the crime, the risk inherent in the form of the act of driving without a drinking license has actually been realized as it is due to the occurrence of traffic accident as a result of the crime, and the victims and victims have not reached an agreement, a sentence of punishment is necessary.

In addition, considering the sentencing conditions in this case, such as the defendant's age, sex, environment, etc., the punishment determined by the court below against the defendant is within the proper sentencing range, and it is not recognized that it is unfair because it is too heavy or unbrupted.

Therefore, the defendant and prosecutor's argument of 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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