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(영문) 광주지방법원 2018.08.30 2018노1970
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and eight months of imprisonment) is too unreasonable.

2. The following facts are favorable to the Defendant.

The defendant is both aware of his fault and reflects his fault.

The degree of injury suffered by the victims of each traffic accident caused by the defendant does not seem to be significant.

In each traffic accident, both parties agreed to human damage with the victims, and the defendant agreed to the owner of the vehicle that was illegally used.

There has been no history of punishment that exceeds the suspended execution until now.

On the other hand, the following is disadvantageous.

The defendant has already been punished for three times or more alcohol driving, and the defendant caused two times or two traffic accidents while driving a motor vehicle under the influence of alcohol without being involved in the suspension period according to the judgment of the court that was sentenced to the same crime, and one time of the occurrence of the accident without taking necessary measures, such as aiding the injured person, and leaving the scene without taking necessary measures.

The crime of this case is not good in light of the distance and method of crime among the crimes of this case.

Considering the criminal history of the defendant and the period and frequency of the crime of this case, the risk of recidivism seems to be high.

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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