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(영문) 광주지방법원 2018.10.25 2018노745
특정범죄가중처벌등에관한법률위반(위험운전치상)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, two years of probation observation, forty hours of lecture participation in compliance driving, and 120 hours of community service) so as to be too unreasonable. The prosecutor appealed from the lower court’s punishment too unfasible and unfair. The prosecutor appealed from the lower court’s punishment.

2. The fact that the defendant recognized his mistake and reflected his mistake is favorable.

On the other hand, the fact that the defendant committed the crime of this case again despite the fact that he had been punished twice as the same crime, caused a traffic accident due to drinking driving, and has not received a letter from the injured person until now is disadvantageous.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too heavy or unbrupted, and thus, cannot be deemed unfair. Therefore, the Defendant and the Prosecutor’s assertion is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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