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(영문) 의정부지방법원 2016.08.09 2016노1493
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the confession of and reflect on the instant crime, the Defendant did not have any record of punishment heavier than a suspended sentence, and the victim’s injury appears not to be serious.

B. However, in full view of the following circumstances: (a) the Defendant caused an accident by driving a motor vehicle without a driver’s license and causing an injury to the victims; (b) the nature of the crime is bad; (c) the Defendant was punished four times due to drinking alcohol; (d) the Defendant did not subscribe to the motor vehicle liability insurance; (d) the Defendant did not agree with the victims; (e) there was no change in circumstances after the pronouncement of the lower judgment; and (e) there was no change in circumstances after the Defendant’s age, details of the crime, and circumstances after the crime; and (e) other circumstances that are conditions for sentencing specified in the instant argument, such as the Defendant’s age, circumstances after the crime, etc.

Therefore, the defendant's above 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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