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(영문) 광주지방법원 2020.04.23 2020노280
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment has a record of committing the same kind of crime several times, and in 2017, the Defendant again committed the instant crime without any reflection even though he/she was sentenced to a suspended sentence of imprisonment due to drinking driving, and in addition, even if the Defendant was indicted due to a traffic accident resulting from a driving without a driving license on August 4, 2019 and was in trial, the Defendant again committed a driving without a driving license on November 3, 2019 without any reflect or self-esteem, etc. is disadvantageous to the Defendant.

On the other hand, it seems that the degree of injury of the victims of the traffic accident is not severe, and the victims do not want punishment by agreement with the victims of the traffic accident, etc. are favorable to the defendant.

In addition, the Defendant’s assertion is not acceptable on the grounds that the sentence of the lower court is too unreasonable, comprehensively taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, and the circumstances after the crime.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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