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(영문) 광주지방법원 2020.07.21 2020노910
교통사고처리특례법위반(치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (one year of imprisonment) of the lower court is too unreasonable.

B. The above sentence of the lower court is too unhued and unfair.

2. Determination of the Defendant is a favorable condition, such as the recognition of the instant crime by the Defendant, the degree of injury to the victim of the traffic accident, and the fact that the said victim was not punished by the Defendant by an initial agreement.

On the other hand, the defendant has been sentenced to a fine for drunk driving twice, and the crime of this case was committed during the period of probation due to the crime of this paper, and the blood alcohol concentration (0.114%) of this case is relatively high, and is disadvantageous.

There are no special circumstances or changes in circumstances that can be newly considered by this court, and in full view of the Defendant’s age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too heavy or unreasonable.

The defendant and prosecutor's assertion are not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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