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(영문) 창원지방법원 2015.10.29 2015노1547

교통사고처리특례법위반등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unreasonable, and the prosecutor asserts that the punishment imposed by the court below is too uneasible and unfair.

2. The Defendant, while driving without a license, caused personal injury by gross negligence in violation of the signal. Moreover, the Defendant had a record of having been punished several times due to driving without license, and was punished for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. Of these, the Defendant was sentenced to imprisonment and suspended execution

Until now, the driver's license was not obtained, and the driver's license did not comply with the warrant practice examination due to this case.

On the other hand, however, the defendant agreed with the victim, and is in depth divided into crimes, and in 2014, not only two fines have been imposed on driving without a license but also the remaining traffic crimes have been committed before 2007.

In addition, the degree of injury suffered by the victim is considered to be two weeks in need of it, and it is relatively weak.

When comprehensively considering such circumstances, the sentencing of the lower court appears to be within the reasonable scope in light of all the conditions of sentencing as shown in the pleadings, including the age, environment, character and health conditions, etc. of the Defendant and the prosecutor’s assertion that the sentencing is unfair is not acceptable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed as it is without merit. It is so decided as per Disposition.