(영문) 창원지방법원 2018.01.18 2017노3280 | 리걸엔진

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(영문) 창원지방법원 2018.01.18 2017노3280

교통사고처리특례법위반(치상)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (an order of imprisonment without prison labor for a year, suspension of execution for three years, community service for 40 hours, and an order of lecture for compliance driving for 40 hours) by the court below is too unreasonable.

2. However, there are favorable circumstances for the defendant, such as the fact that the defendant recognizes and reflects the crime of this case, that there has been an agreement with the victim, and that the defendant has no criminal record of suspended execution or more;

However, the crime of this case is committed in light of various circumstances, including the defendant's age, environment, sexual conduct, motive for the crime, circumstances before and after the crime, etc., that led the victim to cut down knee under the left-hand knee by driving around 1998, and that the defendant has a record of being sentenced to a fine of KRW 1 million due to the violation of the Road Traffic Act around 1998, and that there was a record of being sentenced to a fine of KRW 5 million due to drinking around 2014, and other various circumstances, such as the defendant's age, environment, sexual conduct, motive for the crime, circumstances before and after the crime, etc., the sentence of the court below is too unreasonable.

On the other hand, the Defendant sought a reduction or exemption of the hours of community service and lecture attendance, but in light of the content of the instant crime and the record of the crime, etc., the Defendant needs to inspire compliance consciousness and prevent recidivism by attending a compliance driving lecture; it is necessary to provide community service with an opportunity to reflect his/her behavior and recover social responsibility; and there is room for somewhat impeding the Defendant’s living. However, although the attending of the community service order and the lecture of compliance driving for 40 hours, it appears that the Defendant could sufficiently implement it within the scope that does not interfere with the Defendant’s living through consultation with the protection observation office after the judgment became final and conclusive, there is no special circumstance to reduce or exempt it.

3. If so, Defendant-Appellant.

유사 판례

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