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(영문) 대구지방법원 2017.08.17 2017노676
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 10 million) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflected, the degree of injury of the victims of the traffic accident is relatively minor, and the victims do not want the punishment of the defendant, in agreement with the victims.

However, the Defendant, including five-time criminal records, had been punished for drinking driving (this is caused by the crime of causing a traffic accident while driving a motor vehicle). However, the Defendant, while driving a motor vehicle again while driving the motor vehicle, caused the instant accident to cause the victims.

In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, background leading to the commission of the crime, circumstances after the commission of the crime, etc., and the fact that it is reasonable to respect the sentencing of the first instance court where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the lower court’s punishment is too unreasonable.

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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