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(영문) 의정부지방법원 2018.07.03 2018노1319

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (nine months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unhued and unreasonable.

2. The judgment of this case is a case where the defendant, while driving without a license, caused the injury of two victims in the accident while driving the accident without a license, and the nature of the crime is bad, especially the degree of injury suffered by the victim H, and the victim H wanted to severely punish the defendant since it did not reach an agreement with the victims, and the victim H was unable to recover sufficient damage, and the defendant has a record of being sentenced to a fine twice due to driving without a license and two times due to driving without a license in the past. In light of the past, the defendant should be punished strictly.

On the other hand, however, the defendant shows the attitude of recognizing and opposing all of the crimes in the trial before the pronouncement of the judgment of the court below, 2 million won was deposited for the victim F before the pronouncement of the judgment of the court below, and the victim H was paid with the insurance money responsible for the victim He and the payment of the damage was made, and there was no other punishment force than three times before the defendant mentioned above, and the punishment force was the last day of 2009, and the punishment force was the last day of the 2009 year. The punishment imposed by the court below is within the range of 8 months to 2 years recommended sentence of general traffic accident general traffic accident general (in the case of drinking, etc.: driving of drinking, etc.): and all of the sentencing factors in the argument of this case, such as the defendant's age, sexual behavior, health, family relationship, etc., it cannot be deemed that the punishment of the court below is unfair because it is too small.

Therefore, the prosecutor's above assertion is not accepted.

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