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The defendant's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that of the lower court’s punishment (under eight months) is too unreasonable.
2. The fact that the Defendant recognized the instant crime and subscribed to an automobile comprehensive insurance policy is favorable to the Defendant.
On the other hand, the defendant's over 21.7 km away from the center line and caused the accident of this case. The crime of this case is heavy, and the victim suffered serious injury that requires eight-day medical treatment, and it is not agreed with the victim, and the defendant has a history of criminal punishment over 29 times, and even if there has been a history of having been punished for multiple traffic accidents, it is disadvantageous to the crime of this case.
In addition, the circumstances of the crime of this case, the circumstances after the crime of this case, the age, character and conduct, environment, etc. of the defendant and the sentencing guidelines for the enactment of the Sentencing Committee.
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. The scope of recommendation according to the sentencing guidelines [the decision of type] the general traffic accident [the category 1] and the injury [the special person] caused by traffic accident: the illegality in the proviso of Article 3(2)(excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or the case of climatic driving [the scope of recommendation and recommendation] in the case of increased area, 8 months to 2 years, etc., the court below's punishment is too unreasonable, and the defendant's assertion is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.