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(영문) 의정부지방법원 2016.09.01 2016노1511
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. It is recognized that the injury suffered by the victim is relatively minor and that the defendant agreed with the victim.

However, while the defendant is sentenced to imprisonment for a violation of the Road Traffic Act (Refusal of Drinking Measures), he was under the influence of 0.120% under the influence of an insurance without a license or without a license during the period of the suspension of the execution of imprisonment for a violation of the Road Traffic Act, and caused a traffic accident and sustained injury to the victim.

In order to ensure the safety of road traffic and to achieve the preventive purpose of punishment, it is necessary to sentence the sentence to the accused.

There is no special change in circumstances that would be different from the original judgment in the trial.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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