교통사고처리특례법위반등
All appeals filed by the defendant and prosecutor are dismissed.
1. According to the records on the Defendant’s appeal, the Defendant, who is dissatisfied with the lower judgment, submitted a petition of appeal on September 1, 2016, and only stated that he/she is dissatisfied with the lower judgment in the petition of appeal, without stating the grounds for appeal, and the Defendant’s defense counsel served a written notification of the receipt of the trial records on October 6, 2016, and the Defendant’s defense counsel filed an appeal on the grounds of unfair sentencing on November 4, 2016.
Defendant
In addition, on October 7, 2016, the defense counsel did not submit the statement of grounds for appeal within 20 days from the date on which he/she received the notification of the receipt of the trial records on October 7, 2016, and cannot find any reasons ex officio on the records.
Therefore, Defendant’s appeal is unlawful.
(1) In light of the above, even if the Defendant’s assertion is examined, the Defendant was driving without a license even though he was under the suspension of the execution due to driving without a license, and the risk of recidivism is very high as a result of having been sentenced to five times criminal punishment due to a license without a license for drinking, and as a result of an accident in violation of the signal, it is inevitable to sentence the Defendant as a result of the occurrence of the accident. In addition, even if considering the sentencing conditions indicated in the instant case, such as the Defendant’s age, character, conduct and environment, the lower court’s sentence is too unreasonable.)
A. The summary of the grounds for appeal (four months of imprisonment) by the lower court is too unhued and unreasonable.
(B) The prosecutor stated his opinion that the defendant should be punished by imprisonment for one year.
Judgment
The defendant suffered a relatively minor injury to the victim of a traffic accident and agreed with the victim, and there is no record of criminal punishment heavier than imprisonment.
In addition, considering the sentencing conditions shown in this case, such as the age, character and conduct, and environment of the defendant, the court below.