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(영문) 수원지방법원 2016.04.29 2016노538

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. It is true that there are conditions for sentencing favorable to the defendant, such as the fact that the defendant recognized all of the crimes in this case, and that when the defendant is sentenced to a sentence, the sentence, the execution of which was suspended, will be reversed.

However, even though the defendant caused a traffic accident, he assaults a police officer dispatched to the scene while taking a bath, and the quality of the crime is poor because the defendant refuses to demand a alcohol measurement, and there was a record of criminal punishment due to the crime of violence and obstruction of the performance of official duties, etc. In particular, the defendant committed the crime of this case during the grace period in which six months have not passed since he was sentenced to a two-year suspended sentence in the sixth month of imprisonment with prison labor due to the obstruction of the execution of official duties, and the defendant committed the crime of this case again during the grace period for which six months have not passed since he was sentenced to a two-year suspended sentence, the defendant did not reach an agreement with the victims, and other various circumstances which form the conditions for sentencing in this case, such as the defendant's age, sex, environment, family relationship, etc., and thus, it is deemed unfair for the court below's sentence

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.