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(영문) 광주지방법원 2015.12.02 2015노2556
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below is advantageous to the fact that the defendant recognized his mistake and reflects, that the victim and the defendant agreed smoothly, while the court below seems to have taken into account the above circumstances favorable to the defendant, the defendant could have been sentenced to a suspended sentence of two years in 2009 due to the crime of violation of the Road Traffic Act, etc., and the defendant was sentenced to a suspended sentence of two years due to the same act of violation of the Road Traffic Act in 2012 and was sentenced to a punishment of six months for the same act of drinking, etc., and the defendant was sentenced to a punishment of violation of the Road Traffic Act (non-licensed driving) in 2012, and caused the accident in this case while driving under the condition of 0.178% alcohol concentration in blood, and caused the accident in this case. The defendant suffered serious injury that the victim needs to receive approximately eight weeks medical treatment due to the accident in this case, and there is no reason for the court below's assertion that the above defendant's punishment is unreasonable.

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

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