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(영문) 광주지방법원 2019.09.26 2019노1824
도로교통법위반(사고후미조치)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (one hundred months of imprisonment, additional collection) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The judgment of the defendant has the record of being punished several times due to drinking, driving without a license, etc., but the defendant committed each of the crimes of this case without being aware of the fact that he committed the crime of violation of the Road Traffic Act, etc., even though he was under the suspension of the execution of imprisonment due to the violation of the Road Traffic Act, and even though there was a special provision that "not to drive without a license" in the above suspended execution decision, he violated it and violated it for several times.

On the other hand, the fact that the defendant recognized his mistake and reflects it is favorable. In full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, etc., the court below's punishment is not deemed to be too minor or unreasonable. Thus, the prosecutor and the defendant's assertion are without merit.

3. All appeals filed by the prosecutor and the defendant are dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that they are without merit.

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