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(영문) 광주지방법원 2018.08.07 2018노1705
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The judgment defendant recognized all of the crimes of this case, and opposed to it, and agreed with the victim at the investigation stage.

However, the crime of this case was committed by the defendant while driving without a license or drinking, and the victim suffered an injury in need of medical treatment for about two weeks, and its nature is not weak.

The Defendant had been sentenced to three times of a fine due to non-license and drinking driving, and was sentenced to three times of a fine due to non-license and driving without a license, and committed the instant crime during the period of repeated crime due to the crime of this type.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair because it is too unreasonable.

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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