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(영문) 광주지방법원 2019.07.16 2019노883
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and divided the error in depth, and the degree of injury of the victims of traffic accidents is relatively minor, and the circumstances in which the victims of the accident and the victims of the accident agreed to reach an agreement in the investigation stage are recognized.

However, since the social harm caused by drunk driving is very serious and there is a great need to punish the defendant, and even before the case, the defendant is subject to a suspended sentence of imprisonment due to the violation of the Road Traffic Act, etc., as well as the two times of punishment, it cannot be said that his responsibility is somewhat weak in that he repeats the crime of violation of the Road Traffic Act.

In particular, considering that the Defendant’s blood alcohol concentration is 0.121% and the distance of drinking driving is about 10km, not only the Defendant’s blood alcohol concentration is a considerable level, but also the Defendant caused the instant traffic accident by shocking a vehicle that has broken to the center line while driving alcohol, and even if the Defendant did not avoid the vehicle at that time, there was a risk of serious accidents of human life, the Defendant cannot avoid a severe punishment corresponding to his/her responsibility.

The lower court also comprehensively considered the elements of sentencing favorable to the Defendant as seen earlier, and determined the Defendant’s punishment after discretionary mitigation, and there is no change in sentencing conditions that may be specially considered in the trial compared to the lower court.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

However, in the crime of the lower judgment, “victim G” in paragraph (1) of the same Article is “victim I.”

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