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(영문) 의정부지방법원 2018.06.05 2018노974
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 (eight months of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime, and opposed to the instant crime, and agreed with the victim of the instant traffic accident.

In addition, the prevention of recurrence, such as the disposal of the instant vehicle, is taking place.

This is the circumstances favorable to the defendant.

However, on November 23, 2017, the Defendant was sentenced to a suspended sentence of imprisonment due to a violation of the Traffic Act (unlicensed Driving) on the road and committed the instant crime for not more than two weeks.

The defendant has already been a criminal record of the same kind.

This is disadvantageous to the defendant.

In full view of such circumstances and other circumstances as well as the circumstances leading up to the instant crime, Defendant’s age, sexual conduct, environment, etc., the lower court’s punishment cannot be deemed unfair because it 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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