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(영문) 의정부지방법원 2018.05.29 2017노3659
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (five months of imprisonment without prison labor, one year of suspended execution, and 40 hours of lecture for compliance driving) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant did not agree with the victims and was sentenced to the same criminal record as a fine.

This is disadvantageous to the defendant.

However, the Defendant recognized and reflected the instant crime.

At the time of the accident of this case, the vehicle operated by the defendant was covered by liability insurance, and the victims' damage seems to have been compensated for a certain part.

The Defendant made efforts to prevent recidivism, such as scrapping of the instant vehicle.

This is the circumstances favorable to the defendant.

Such circumstances and the sentencing guidelines established by the Supreme Court sentencing committee are 4 months to 1 year (no person is subject to special sentencing) since they fall under the basic area among the types of general traffic accident No. 1 (the injury caused by traffic accidents). In addition, comprehensively taking account of the circumstances leading to the instant crime, Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the records and arguments, the lower court’s punishment 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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