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(영문) 수원지방법원 2019.02.13 2018노8295
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Circumstances favorable to the Defendant: (a) the fact that the Defendant reflects the crime; (b) there is no criminal history to punish the same crime; (c) the vehicle of the Defendant was covered by a comprehensive motor vehicle insurance; (d) the agreement with the victim was made smoothly; and (e) the social relationship appears to be clear; (b) on the other hand, in light of the degree of negligence of the instant crime and degree of damage; and (c) the fact that the instant crime was committed during the suspension period of the execution of imprisonment with prison labor for the same type of crime

In full view of the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s health, family relation, occupation, age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, it is difficult to deem that 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 as it is without merit. It is so decided as per Disposition.

(However, under Article 25(1) of the Regulation on Criminal Procedure, the part of the judgment of the court below, “Article 62(1) of the Criminal Act,” and “1. Social Service Order Article 62-2 of the Criminal Act, Article 59(1) of the Probation Act, etc. Act, ex officio, shall be corrected.”

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