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(영문) 광주지방법원 2017.06.22 2016노2457
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 (two years of suspended sentence for one year, forty hours of lectures for compliance driving, community service, 120 hours) so far as it is unreasonable, and the prosecutor appealed from the lower court’s punishment to the extent that the sentence of the lower court is too unfasible and unfair.

2. The instant crime committed on board is not deemed to have been too heavy or unreasonable since the lower court’s punishment is too heavy, in full view of the following circumstances: (a) one of the victims who caused a traffic accident while driving a car while under the influence of alcohol and caused a traffic accident; (b) the other one has suffered serious injury; and (c) the degree of the crime is bad; or (d) the result of the commission of the crime is serious; (b) the favorable circumstances such as the Defendant’s primary offender; (c) the victim or his bereaved family members are not wanting to punish the Defendant; and (d) the Defendant’s age, sexual behavior, environment, relationship with victims; and (e) all of the sentencing conditions indicated in the instant records, including the circumstances after the commission of the crime.

The grounds for appeal by the defendant and the prosecutor are without merit.

3. As such, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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