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(영문) 춘천지방법원 강릉지원 2016.04.21 2016노67
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the defendant, such as the fact that the defendant recognized the crime, most victims do not want the punishment of the defendant, there is no criminal record exceeding the fine, and the victims suffered injury are relatively minor.

However, even though the defendant had the history of punishment for driving without a license, he caused an accident several times while driving without a license or drinking, in particular, caused property damage to the victims while avoiding the police control, and caused an accident while driving in the course of trial again while driving in the instant case, and taking into account the various circumstances, such as the defendant's age, sexual behavior, environment, motive for crime, etc., the sentence of the court below is too unreasonable.

Defendant’s assertion is without merit.

3. The Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That since it is evident that there is any error or omission in the following parts of the court below’s seven pages, it shall be corrected ex officio in accordance with Article 25 of the Rules on Criminal Procedure by correcting

① 6. The phrase “each” shall be added in front of “the injury caused by a dangerous driving.”

(2) The phrase “each” in front of “the injury caused by occupational negligence” shall be deleted.

(3) The phrase “the person on November 1, 201,” as the phrase “the person on July 1, 201,” shall be corrected as the phrase “the person on July 1, 201.”

④ 19 Pursuant to the parallel “Article 38(1)2”, “Article 38(1)2” is added to “Article 38(2).”

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