(영문) 대구지방법원 2018.10.19 2018노2954 | 리걸엔진

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(영문) 대구지방법원 2018.10.19 2018노2954

교통사고처리특례법위반(치상)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (four months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. Determination is recognized that the Defendant recognized each of the instant crimes and reflected, that the Defendant appears to have recovered the damage of the victim of the traffic accident due to the Defendant’s subscription to a motor vehicle comprehensive insurance, and that the Defendant does not drive again, and disposes of or entrusts the sale of the owned vehicles.

However, even though the Defendant had been punished three times by a fine due to driving without a license, it is recognized that: (a) the Defendant had repeatedly driven each of the instant non-licenses; (b) while the investigation is being conducted on the highest 374 case, (c) once again, 2018 highest 597 highest highest 374 cases; (d) the traffic accident in the case of 2018 highest 374 was entirely caused by the Defendant’s negligence, the Defendant did not agree with the victim; (b) the distance from driving without a license in the case of 2018 highest 597 highest 130km; (c) the vehicle driven by the Defendant in the instant case was highly likely to cause damage to human life due to an accident as cargo vehicle; and (d) the Defendant had the ability to punish traffic-related persons including a large number of the Defendant.

In addition, taking into account the various circumstances such as the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

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

유사 판례

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-대구지방법원 2018.11.23 2018노3413

-수원지방법원 2017.05.31 2016노7848