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(영문) 광주지방법원 2018.06.21 2017노4252
교통사고처리특례법위반(치상)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (2,00,000 won) of the lower court is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The judgment of the Defendant had the history of criminal punishment for driving under drinking twice prior to the instant case, while driving under drinking while causing a traffic accident and causing the injury to the victim, and thus, the Defendant was extremely bad in the quality of the crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant reflects the crime, the vehicle driven by the defendant is covered by a comprehensive insurance, and the injured person does not want the punishment against the defendant by agreement with the victim is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor and the Defendant’s assertion are without merit, on the grounds that the lower court’s punishment is too weak or unreasonable.

3. The final prosecutor and the defendant’s appeal are all groundless, and they are all dismissed under Article 364(4) of the Criminal Procedure Act.

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