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(영문) 대구지방법원 2017.08.10 2017노2426
교통사고처리특례법위반(치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unfasible with respect to the punishment (eight months of imprisonment) declared by the court below, and the prosecutor is too unfased and unfair.

2. On July 16, 2015, the Defendant had been punished for the same type of crime, such as non-licenseless driving and violation of the Guarantee of Compensation for Motor Vehicle Damages, and in particular, in the Daegu District Court Kimcheon-cheon, the Defendant was sentenced to a three-year imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escapeing vehicles) in the Support of the Daegu District Court Kimcheon-cheon, etc., and was under the suspension of the execution of ten months, and caused a traffic accident while driving a vehicle not covered by mandatory insurance without a driver's license of the vehicle, without being aware of the fact that the victims who died in the vehicle due to the occurrence of the injury and the significant damage of the damaged vehicle, the degree of criticism is high in that it

However, in full view of all the sentencing conditions in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate, and it is not acknowledged that it is too heavy or unreasonable because it is too heavy.

3. In conclusion, the appeal filed 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 (Article 364(4) of the Criminal Procedure Act: Provided, That in the application of the law of the judgment below, the term “the imprisonment without prison labor for the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents,” and the term “the imprisonment for the remaining crimes,” is obvious that the term “the imprisonment without prison labor for the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, the imprisonment without prison labor for the crime of violating the Road Traffic Act

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