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(영문) 수원지방법원 2018.06.15 2018노653
교통사고처리특례법위반(치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is unfair because of the above excessive reduction of the punishment of the court below (eight million won in punishment) and that the prosecutor asserts that the sentence of the court below is too unhued and unfair.

2. The judgment of the defendant has a record of being punished several times due to traffic-related crimes, and in particular, the defendant committed each of the crimes of this case during the suspension of execution as a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents and a crime of violating the Road Traffic Act.

On the other hand, the circumstances favorable to the defendant include the fact that the defendant recognizes all of the crimes of this case, the fact that the defendant disposed of the vehicle, the degree of injury suffered by the victims is relatively minor, and the defendant agreed smoothly with the victims.

It is difficult to view that the lower court’s punishment is too heavy or unreasonable in light of the above circumstances and other sentencing conditions indicated in the record, such as the Defendant’s age, sexual behavior, environment, family relationship, motive for committing an offense, and circumstances after committing an offense.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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