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(영문) 광주지방법원 2015.04.14 2014노1658
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment, two years of probation, 80 hours of community service, and 40 hours of law-abiding lecture) is too unreasonable.

Judgment

The circumstances favorable to the defendant are recognized by the court below, such as that the victims do not want the punishment of the defendant by mutual consent with the victims.

However, in light of the fact that the defendant had two times the history of punishment for drinking driving, the fact that the blood alcohol content at the time of the crime in this case was 0.146% and caused an accident by driving the vehicle, the fact that three victims suffered injury due to driving under the influence of alcohol by the defendant, and other factors of sentencing indicated in the records of this case, it cannot be deemed that the sentence of the court below is too unreasonable in light of the defendant's age, character and conduct, environment, and all other factors of sentencing indicated in the records of this case.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.

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