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(영문) 수원지방법원 2016.05.20 2016노1987
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (ten months of imprisonment) is too unreasonable.

2. It is true that there are conditions for sentencing favorable to the defendant, such as that the defendant recognized all of the crimes of this case.

However, the Defendant had the record of criminal punishment on several occasions, including the past five times of punishment for the same kind of crime. In particular, the Defendant committed the instant crime during the suspension period of execution before five months have passed since he/she was sentenced to a two-year suspended sentence for the same crime, which was sentenced to a two-year suspended sentence for the same crime, and the Defendant committed the instant crime on May 31, 2015 during the suspended execution period, without taking any measures to cause a traffic accident while driving a vehicle during the suspended execution period, and was sentenced to a fine for the crime of violation of the Road Traffic Act (unlicensed driving) and violation of the Road Traffic Act (unauthorized Driving). The Defendant’s assertion that the Defendant was sentenced to a two-way suspended sentence without permission on June 18, 2015 due to the lack of any justifiable reason when he/she was sentenced to a two-way suspended sentence on two occasions (one of his/her personal relationship has not been subject to repeated punishment due to the lack of any injury to his/her human relations). As such, the Defendant’s allegation that his/her driver’s license was without any justifiable reason.

3. Thus, the defendant's appeal is without merit, and the Criminal Procedure Act is applicable.

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