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(영문) 의정부지방법원 2018.11.19 2018노2650

교통사고처리특례법위반(치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time, the Defendant was physically and physically in a state of mental weakness by taking excessive friendly symptoms.

B. The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

2. According to the records on the Defendant’s assertion of mental and physical weakness, it is recognized that the Defendant was suffering from depression, etc. at the time of committing the instant crime, but in light of the background and method leading up to the instant crime, the Defendant’s speech and behavior before and after committing the instant crime, etc., the Defendant had weak ability to discern things or make decisions due to the foregoing disability at the time of committing the instant crime.

Since the defendant's mental and physical weakness are not visible, it is not acceptable to accept the defendant's argument.

3. It is recognized that the defendant's wrongful determination of the defendant's unfair judgment on the sentencing of sentencing recognized his mistake and reflects it, the degree of injury suffered by the victims due to the accident of this case seems not to be much severe, the vehicle of the defendant is covered by the comprehensive automobile insurance, the violation of the Road Traffic Act (unlicensed Driving) in the judgment of the court below on November 11, 2017, and the concurrent relation between the crime of violation of the Road Traffic Act (unlicensed Driving) in the latter part of Article 37 of the Criminal Act, and the fact that the defendant's health status is not good.

However, the instant crime committed by the Defendant, while driving a vehicle under the influence of alcohol concentration of 0.137% without a driver’s license, caused the victims to suffer from the vehicle, and thereby causing about two weeks of medical treatment. In addition, the act of driving under the influence of alcohol is an offense that may inflict harm to the life, body, and property of another person as well as his/her own, and requires strict punishment. The Defendant was punished by a fine for a violation of the Road Traffic Act (driving) around 2013, and the Defendant was driving without a license on March 25, 2017.

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