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(영문) 의정부지방법원 2016.05.12 2016노157

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

The main reason of appeal is that the sentence imposed on the defendant (two years of suspended execution of one year of imprisonment without prison labor, 40 hours of an order to attend a community service, and 160 hours of a community service order) is too unreasonable.

Judgment

There is no record of criminal punishment exceeding fine, and it seems that damage recovery has been made to some extent due to automobile insurance in which the proxy driving company has joined.

However, this case did not mean that the defendant caused serious injury to the victims by violating the signal, and the defendant did not agree with the victims until the trial.

There is no special circumstance that differs from the original judgment in the first instance.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.