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(영문) 대구지방법원 2019.07.26 2019노2111
교통사고처리특례법위반(치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The lower court rendered a judgment dismissing public prosecution as to the assault among the facts charged in the instant case, and rendered a judgment of conviction as to the remainder of the facts charged.

However, only the defendant and prosecutor appealed the guilty portion, and the dismissal of prosecution among the judgment below became final and conclusive as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to the Defendant (ten months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

3. We examine the reasoning of the judgment and the prosecutor together.

On June 29, 2018, the Defendant was sentenced to a two-year suspended sentence for a violation of the Punishment of Violences, etc. Act (joint injury) and the judgment of two-year suspended sentence became final and conclusive. The Defendant committed the instant crime during the suspended sentence period, such as refusing to comply with the demand of investigative agencies for attendance several times, and thus, is not good. The nature of the instant crime is bad, and the case is more serious.

However, it is also recognized that the court below agreed with the victim E and the victim E of the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) at the court below, and the defendant's blood alcohol concentration is not relatively higher than 0.065%, and the distance of the defendant's blood alcohol level is not less than 50 meters, and the degree of injury of the victim of the traffic accident of this case is not relatively more severe, the degree of injury of the victim of the traffic accident of this case is not more severe, if the sentence of this case becomes final and conclusive, the sentence of imprisonment for four months, which was suspended, should be invalidated, and the defendant has no criminal conviction.

In addition, the sentencing conditions, such as the age, character and conduct, environment, family relationship, motive and background of the crime, means and result, etc. of the defendant.

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