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(영문) 광주지방법원 2018.07.12 2018노1576
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.

2. The judgment that the defendant reflects the crime, and that the defendant will not drive without a license again;

The fact that the victim's injury is relatively minor and the victim does not want the punishment against the defendant is favorable to the defendant.

On the other hand, the following is disadvantageous.

The defendant has a history of criminal punishment, including the suspension of two times due to driving without a license, and has been punished two times by a fine for violating the Act on Special Cases concerning the Settlement of Traffic Accidents.

In addition, the crime of this case was committed by driving with due care in the state of license without permission.

It is necessary to strictly punish the defendant in light of the attitude that such defendant's criminal behavior and compliance consciousness is lacking.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, 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 defendant's appeal is groundless.

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