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(영문) 의정부지방법원 2020.06.25 2020노912
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one year and four months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. On April 3, 2019, the Defendant was sentenced to two years of suspended sentence for imprisonment for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) at the Jung-gu District Court on August 3, 2019, and was under suspended sentence for a violation of the Road Traffic Act on April 11, 2019, and was under suspended sentence due to a previous conviction, and was under suspended sentence for a violation of the Road Traffic Act, the Defendant again driven without a driver’s license for driving

At the time, blood alcohol concentration reached 0.086%.

The Defendant caused a traffic accident due to the said driving, thereby causing the driver of the victimized vehicle to suffer bodily injury for two weeks.

The Defendant committed a crime of lending the means of access with promise to receive compensation without being aware, even though the prosecution was instituted in the above case.

As a result, the victim of the Bophishing crime caused damage to transfer 10 million won to the defendant's account.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.

The Defendant agreed with the victim of the above traffic accident.

In order to prevent recidivism, the Defendant sold vehicles provided for the above driving.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, the sentence of the court below is deemed appropriate.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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