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(영문) 대구지방법원 2019.10.11 2019노3050
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment of the defendant recognized all of the crimes of this case and reflects them, that the court below agreed with two victims, that the defendant's wife wanted to be a prior wife, that the defendant did not have a criminal record, and that there was a mother to support.

However, the defendant had already been sentenced to a suspended sentence of imprisonment for a total of three times, including one time of suspended sentence of imprisonment due to drunk driving, two times of unlicensed driving, and one time of suspended sentence of imprisonment due to refusal to take a drunk test. In particular, on August 26, 2017, the judgment of suspended sentence of ten years became final and conclusive on August 26, 2017. The crime of this case was committed during the suspended sentence period. In this case, the accident was committed due to a non-licensed driving, the accident was committed due to the accident at the site of the accident, and the victim was inflicted an injury that requires approximately two-day medical treatment at the site of the accident, and the nature of the crime is not good.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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