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(영문) 광주지방법원 2018.12.28 2018노3286

교통사고처리특례법위반(치상)등

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The defendant's appeal is dismissed.

Reasons

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

2. Determination is a favorable condition that the Defendant recognized the instant crime and reflected, and that the Defendant paid the hospital expenses of the victim in an insurance company that purchased liability insurance.

However, the Defendant committed the instant crime during the suspension period of the execution of imprisonment with prison labor due to drinking driving, and the instant crime is an unfavorable circumstance where: (a) the Defendant, while driving a vehicle without a driver’s license, caused a traffic accident that causes an injury to the victim’s bridge by shocking the central line by negligence; (b) the nature of such crime is not good; (c) the degree of injury to the victim was not easy; and (d) the victim was not agreed with the victim until the depth was over; and (e) the victim was able to punish the Defendant.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

3. 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.