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(영문) 대전지방법원 2017.02.15 2016노3414
도로교통법위반등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment that the Defendant recognized the instant crime and reflects the mistake, and that there is no economic situation as a person eligible to receive basic living benefits, and that there is no good health condition of the Defendant is favorable.

However, the fact that the defendant was punished four times by a fine due to drinking driving or non-licensed driving, including the fact that he was punished by a fine for the same and different types of crimes, and that the defendant was punished by a fine on June 13, 2016 due to drinking driving, and not only three months have passed since he was punished by a fine, but also caused the crime of this case, and that the vehicle repair costs amounting to about seven hundred and fifty thousand won due to a traffic accident, the defendant did not subscribe to mandatory insurance, and that the defendant did not make efforts to recover from damage, and that the defendant did not agree with the victim is disadvantageous.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the various sentencing conditions indicated in the previous theory, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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