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(영문) 광주지방법원 2016.05.24 2016노908
교통사고처리특례법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

On the other hand, the prosecutor appealed to the court below's decision that the defendant's punishment (six months of imprisonment) is too excessive and unfair, while the prosecutor appealed to the court below's decision that the defendant was too unfasible and unfair.

Judgment

As stated in the court below, the defendant's vehicle was covered by a comprehensive insurance and the damage was recovered, and the defendant separately paid 41 million won to the bereaved family members of the victim, and there was no record of punishment for the crime.

On the other hand, the Defendant, while driving under the influence of 0.093% alcohol level in blood, did not only go against the left turn, but also caused the death of the victim who operated a stopy normally by making a left turn in violation of the signal at the distance.

In addition, the victim was 20 years of age at the time of the accident, and due to the defendant's crime, there was a result that the victim and his/her bereaved family members could not see.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the sentencing of the lower court is within the reasonable scope of discretion.

Therefore, when considering such factors, it is difficult to accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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