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(영문) 수원지방법원 2017.11.17 2017노6624
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the defendant separates and reflects his mistake, and that the injured party does not want punishment against the defendant by mutual agreement with the injured party is favorable to the defendant.

On the other hand, each of the crimes of this case committed each of the crimes of this case by driving without a driver's license even though the defendant was punished by a fine for the same kind of crime, while driving without a driver's license, when the defendant was under the control of wearing a safety belt from the police, and harming the victim who was working on the road. The nature of the crime is not good, and the defendant has been punished several times due to the same crime, and in particular, the defendant committed each of the crimes of this case by driving without a driver's license even though he was punished by a fine for the suspension of execution due to a driver's license, which is disadvantageous to the defendant.

In addition, when considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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