(영문) 수원지방법원 2018.07.11 2018노1596 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.07.11 2018노1596

자동차손해배상보장법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (ten months of imprisonment, two years of suspended sentence, 40 hours of community service order, and 40 hours of lecture for compliance driving) of the gist of the grounds for appeal is too uneasible and unreasonable.

2. The judgment below takes into account the following factors: (a) under favorable circumstances to the defendant, the defendant has committed the crime of paragraph (2) in the judgment below without obtaining a license after cancelling a license in 2009; (b) the defendant committed the crime of paragraph (1) in the second instance judgment; (c) there was no physical damage with respect to the crime of paragraph (1) in the judgment of the court below; (d) the victims have been sentenced to imprisonment for a traffic accident victims; (e) the defendant has agreed with the victims of the crime of paragraph (2) in the judgment of the court below; and (e) the defendant committed the crime of paragraph (2) in the judgment of the court below without obtaining a license again; and (e) the defendant committed the crime of paragraph (1) in the second instance since two months have not passed since he committed the crime of paragraph (2) in the judgment of the court below; and (e) the defendant was sentenced to a suspended sentence of imprisonment for six years with or without a license for driving alcohol in the year 2015; and (e) the defendant's history and circumstances of the crime of this case;

As above, the sentencing of the court below appears to have been conducted within the reasonable scope by fully taking into account the above conditions of the sentencing, and there is no special change in circumstances that can be assessed differently from the sentencing conditions of the court below up to the appellate court, and it is difficult to view that the sentence of the court below is unfair because it is too uneas

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

유사 판례

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