beta
(영문) 대구지방법원 2018.06.14 2018노1299

교통사고처리특례법위반(치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (4 months of imprisonment) is too large and unfair.

2. The Defendant had a record of having been punished several times for the same crime, and caused a traffic accident by driving without a license, resulting in the victims of the injury that is not easy.

In full view of the following circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, etc., and the fact that there is no special circumstance or circumstance to change the sentencing of the lower court after the lower judgment, the lower court’s sentencing is not unfair.

3. The Defendant’s appeal is without merit, and thus, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That the Defendant’s appeal is dismissed pursuant to Article 25(1) of the Rules on Criminal Procedure, on the ground that the Defendant’s error in the “crime of Violation of Road Traffic Act” in Article 364(3) of the Criminal Procedure Act, i.e., the “crime of Violation of Road Traffic Act” in Article 25(2) of the