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(영문) 광주고등법원 2013.04.25 2013노59
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below's decision on the grounds of appeal by the defendant is unfair because the punishment (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant led to the confession of the crime of this case and reflects the mistake, and that the agreement was reached with the victim and the injury suffered by the victim was not severe.

However, the defendant committed the crime of this case in the condition of drinking and non-exclusive license even though he was sentenced to a suspended sentence on the grounds of drinking and non-licensed driving, etc. around 2009 and around 2010, and was punished on several occasions in the same kind of case. The sentence of the court below is the lowest of the applicable sentence of this case (one to three years of imprisonment) and the defendant's age, character and conduct, environment, means and result of the crime, all the circumstances shown in the arguments of this case, such as the circumstances after the crime, etc., it is deemed that the sentence of the court below is too unreasonable. Thus, the defendant's above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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