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(영문) 광주지방법원 2017.09.26 2017노2672
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The defendant, in agreement with the victims, endeavored to recover damage, and the victims do not want the punishment of the defendant.

However, the Defendant, while driving in the state of 0.178% alcohol concentration in blood, caused a traffic accident by breaking the central line and causing the victims each of 17 weeks and 9 weeks of injury in need of medical treatment. In addition, the Defendant’s negligence is very serious and the damage is very serious.

In addition, the defendant has been punished for drinking even in 2013.

In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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