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(영문) 의정부지방법원 2017.10.26 2017노1603

교통사고처리특례법위반(치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) on the defendant is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects the mistake, that the degree of injury of the victim caused by the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in this case is not much serious, that the defendant agreed with the victim at the investigation stage, that the victim expressed his/her intention not to be punished against the defendant, and that the health condition of the defendant is not good.

However, the Defendant committed the instant crime during the probation period due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the violation of the Road Traffic Act (non-licensed driving).

On December 19, 2016, the defendant was issued a summary order of KRW 5 million on March 24, 2017, when he committed a violation of the Road Traffic Act (drinking) on December 19, 2016 during the suspension period.

Since 2003, the defendant has been convicted of six-time crimes due to the violation of road traffic law (unlicensed driving).

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unreasonable.

Therefore, the defendant's 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.