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(영문) 제주지방법원 2018.11.15 2018노559
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

The judgment below

Defendant 2 through 6 on July 3, 2015.

Reasons

The gist of the Defendant’s appeal is as follows: (a) although the Defendant did not have caused the instant traffic accident while driving the freight vehicle on January 31, 2018, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment; and (b) the penalty (one year and six months, and confiscation) imposed by the lower court is too unreasonable.

However, according to the evidence cited by the court below, such as G’s statement, since all of the facts charged against the defendant can be recognized, the defendant’s assertion of misunderstanding of facts is without merit, and considering various circumstances that are conditions for sentencing as shown in this case, it is not recognized that the sentence imposed by the court below is too unreasonable, and thus, the defendant’s argument of sentencing is without merit

Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the judgment of the court below was finalized on July 11, 2015 on the following grounds: "The defendant was sentenced to a suspension of execution for six months by imprisonment with prison labor for a crime of violating road traffic laws (dacting driving) at the Jeju District Court on July 3, 2015.

On December 18, 2015, the Defendant was sentenced to six months of imprisonment due to a violation of road traffic law by the same court on December 18, 2015, and the suspension of execution became null and void on July 12, 2017.

“The Defendant, at the Jeju District Court on April 17, 2015, sentenced the Defendant to the suspension of the execution of six months of imprisonment for a crime of violating the Road Traffic Act (non-licenseed driving), and the same court on July 3, 2015, to the suspension of the execution of six months of imprisonment for a crime of violating the Road Traffic Act (driving). On December 18, 2015, the same court was sentenced to the suspension of the execution of six months of imprisonment for a crime of violating the Road Traffic Act (driving) at the same court on December 18, 2015, and the said judgment became final and conclusive on August 6, 2016, and the sentence of each of the above suspension of the execution of the sentence was terminated in the Jeju District Court on July 12, 2017.

“For purposes of this Act, the applicable column of the legislation is between 9 and 12.

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