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(영문) 창원지방법원 2016.09.22 2016노1838

도로교통법위반(사고후미조치)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the following facts: (a) the one-time injury, the confession of and reflects on the facts constituting a crime; (b) the victim of a traffic accident does not want the punishment against the defendant; and (c) there is no criminal conviction.

On the other hand, the defendant committed each of the crimes of this case, such as refusing to measure drinking in 2014, refusing to measure drinking in 2014, and taking measures after a traffic accident, etc., in light of the following: (a) the defendant committed each of the crimes of this case during the period of suspension of execution, which were sentenced in 2014 and sentenced in 2014, and thus, was committed with strict sentence against the defendant is inevitable.

In addition, in full view of the facts that the court below determined the punishment against the defendant by taking into account all the circumstances, and there is no special change in the trial, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, it is not recognized that the sentence of the court below is too unreasonable.

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