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(영문) 대구지방법원 2017.07.13 2017노2201
교통사고처리특례법위반(치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (nine months of imprisonment with prison labor) is too small, and the prosecutor is too unhued and unfair.

2. The facts that the Defendant recognized each of the crimes of this case and reflected in the judgment, the victims of the crime of damage to property and the victims of the traffic accident agree with both the victim and the victims of the accident, and the degree of injury suffered by the victims of the traffic accident, are relatively not much serious.

On the other hand, the defendant committed each of the crimes of this case again even though he had been punished for such crimes as drinking and driving without a license (including two times before probation). Among each of the crimes of this case, on May 29, 2015, the crime of violation of the Act on Special Cases concerning the Management of Drinking and Driving without Permission and Traffic Accidents (Bodily Injury) committed on May 29, 2015 is very low during the repeated crime period, and the defendant has already been punished one time for the crime of drinking during the above repeated crime.

In full view of the above circumstances and other conditions of sentencing as 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 sentence imposed by the lower court is deemed appropriate, and it is not deemed unfair because it is too heavy or unfeasible.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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