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(영문) 광주지방법원 2018.05.31 2017노3828
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 6,00,000) is too unreasonable.

2. The judgment that the defendant reflects the crime, and that the victim's injury is not serious is favorable to the defendant.

On the other hand, the following is disadvantageous.

Before the instant case, the Defendant had been punished by a fine on one occasion due to driving under drinking, but caused a traffic accident while driving again under the influence of alcohol.

At the time of the instant case, the Defendant’s blood alcohol concentration was relatively high by 0.153%.

The driving of this case caused a traffic accident.

The victims did not reach an agreement.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. 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.

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