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(영문) 광주지방법원 2013.05.10 2013노583
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Taking into account the various circumstances against the defendant, the punishment of the court below is too heavy.

B. In light of the nature and content of the instant crime committed by the Prosecutor, the lower court’s punishment is too minor.

2. In light of the fact that the Defendant had a considerable amount of drinking, and the victims who had been aboard the Defendant’s vehicle were not aware of the Defendant’s driving under the influence of alcohol, and the Defendant was negligent in causing the instant accident, which led to the Defendant’s death of three passengers, etc., the Defendant is subject to strict punishment.

However, in light of the following: (a) the defendant's time of committing the crime and reflects against himself; (b) the bereaved family members want not to be punished by the defendant by agreement with the bereaved family members of the victims; and (c) the defendant also seems to have suffered serious injury due to the accident in this case; and (d) the mental impulse caused by the crime seems to have considerable mental impulses; and (b) other factors of sentencing specified in the records and arguments of this case, including the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, etc., the defendant's punishment cannot be deemed too heavy or less, and thus

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is

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