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(영문) 대전지방법원 2015.09.23 2015노1805
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The fact that the Defendant led to the instant crime and reflects his mistake, and that the victims’ injury was not serious is favorable to the Defendant.

However, the defendant committed the crime of this case again after being sentenced to a fine of two times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and five times due to drinking driving or unlicensed driving due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., the crime of this case was committed again, and the traffic accident was caused due to negligence in violation of the signal without a license, the victims did not agree with the mandatory insurance, and it is difficult to expect damage recovery in the future.

In addition to the above circumstances and motive leading up to the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, family relation, environment, occupation, etc. and the conditions of sentencing as shown in the arguments and arguments, there is no change in circumstances to determine the sentence differently from the original judgment, and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Sentencing Guidelines enacted by the Sentencing Commission [the scope of recommending punishment] of imprisonment (the scope of eight to one year) in the aggravated area (the injury caused by traffic accident) (the special person) [the scope of recommending punishment] in Article 3 (2) of the Special School Traffic Act (the scope of final sentencing according to the standards for handling multiple crimes: the maximum limit of recommending sentence for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, on which the sentencing guidelines have been set, and the remaining crimes for which no sentencing guidelines have been set, are related to concurrent crimes under the former part of Article 37 of the Criminal Act.

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