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(영문) 광주지방법원 2017.11.21 2017노3422
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. The judgment of the Defendant is an initial criminal who is against the crime and has no record of the crime.

On the other hand, the defendant, who caused the death of one victim, caused the death of five victims by shocking the victims who caused the death of one victim by driving alcohol, and the result is harsh.

In addition, the negligence and the result of the negligence of the defendant are very significant, and the defendant was unable to reach an agreement with the bereaved family or the victims of the injury or to recover the damage.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

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

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