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(영문) 전주지방법원 2013.11.01 2012노1098
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized as favorable circumstances such as the fact that the defendant recognized the crime of this case as well as his depth, and the victim received some medical expenses from the liability insurance company of the defendant vehicle and partly recovered the damage.

However, the crime of this case was committed by the defendant while driving a cargo without a license, resulting in an injury that the victim needs to receive for six weeks' medical treatment, and the nature of the crime and the circumstances are not good, and the degree of injury suffered by the victim is relatively heavy, the defendant has been punished several times for the same crime, the vehicle of the defendant is not covered by a comprehensive insurance, the court below did not impose any specific measure to recover from damage until the trial, even though the court below did not put a statutory detention in order to give the defendant an opportunity to agree with the defendant while sentencing the cargo, and the defendant did not take any other measures to recover from damage until the trial, taking full account of various sentencing conditions specified in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and thus, the defendant's assertion of unfair sentencing is not justified.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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