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(영문) 광주지방법원 2015.08.27 2015노1517
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant repents his mistake and reflects his mistake, that the vehicle does not repeat again by selling the vehicle, that there is a family member to support as the most favorable, that the victims of the traffic accident do not want the punishment against the defendant.

However, at the time of the crime of this case, the blood alcohol concentration of the defendant was not specified as 0.15%, the traffic accident of this case occurred due to gross negligence such as the defendant's drinking driving, etc., and the victims suffered injury requiring medical treatment for about two weeks, the defendant has been punished several weeks for the same crime, and the defendant has been punished several times for the same crime, in particular, even though he was under the suspended sentence due to drinking driving, he repeated the crime of drinking driving, taking into account the circumstances that are already favorable to the defendant at the court below, and there is no change in special circumstances or circumstances that may be considered for sentencing newly after the decision of the court below, and there is no change in other circumstances or circumstances that may be considered for sentencing newly after the decision of the court below, and the scope of guidelines for sentencing (4 months to 10 months) established by the Sentencing Commission for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents / [the scope of recommendations] of ordinary traffic accident type / [the scope of punishment of the defendant's person who violated the Road Traffic Safety Act]

3. In conclusion, the defendant's appeal is without merit, and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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