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(영문) 수원지방법원 2018.06.15 2018노536

도로교통법위반(사고후미조치)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of the execution of two years, the order to attend a law-abiding driving 40 hours, the order to provide community service 80 hours) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant's mistake is recognized and against himself; (b) the vehicle of the defendant was subscribed to a comprehensive motor vehicle insurance and thus the victims' property damage was recovered; (c) the defendant agreed with the victim F; and (d) the defendant has no record of punishment.

On the other hand, each of the crimes of this case is a situation unfavorable to the defendant, such as: (a) a traffic accident in which the defendant, while driving a motor vehicle without taking any measures to drive a motor vehicle by drinking; (b) a traffic accident in which the defendant, while driving a motor vehicle without taking any measures to drive a motor vehicle; and (c) a traffic accident in which the defendant, who gets involved in driving a motor vehicle by causing damage caused by the preceding traffic accident, has taken the vehicle again; and (d) the signal, etc. has ceased to stop while taking the signal, etc.; and (e) the degree of damage is relatively high; and (e) a relatively high level of alcohol

It is difficult to view that the lower court’s sentence is too unreasonable in light of the above circumstances and other conditions of sentencing indicated in the record, such as Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime.

Therefore, the defendant's above assertion is without merit.

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