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(영문) 의정부지방법원 2016.10.27 2016노2305

도로교통법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. It is recognized that the degree of damage suffered by the victim is relatively minor.

However, the Defendant caused a traffic accident while driving a motor vehicle with no insurance or without a license, and did not agree with the victim so that he/she would be subject to a traffic accident.

Although the defendant was punished for the violation of the Road Traffic Act (unlicensed Driving), the defendant committed the crime in this case and was punished again while he was tried. In order to achieve the preventive purpose of the punishment against the defendant, a strict punishment is required.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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