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(영문) 서울북부지방법원 2019.02.15 2018노2368
교통사고처리특례법위반(치상)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court against the Defendant is too minor or unreasonable.

2. We examine both the prosecutor and the defendant's grounds for appeal and the defendant's assertion of unreasonable sentencing.

The Defendant, while driving a cargo vehicle with blood alcohol concentration of 0.135%, caused the instant accident to the victim and sustained a relatively serious injury that requires approximately six weeks of treatment.

The Defendant not only had the record of being sentenced to four times a fine for the same crime before the crime of this case, but also committed the crime of this case during the period of repeated crime of this crime.

On the other hand, on the other hand, the defendant acknowledges the crime up to the trial.

Although there are many criminal records for the defendant, the crime of this case is committed after about four years from the last day of the same kind of crime.

The defendant expressed his intention not to punish the defendant by agreement with the victim in the court below.

In full view of other circumstances that are the conditions for the pleadings and the sentencing recorded in the records of the instant case, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and methods of the offense, and the circumstances after the offense, etc., the above sentence imposed by the lower court is deemed to be too heavy or unreasonable.

Therefore, the prosecutor and the defendant's above arguments are without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the prosecutor and the defendant are without merit. It

However, in accordance with Article 25(1) of the Regulations on Criminal Procedure, the part of “Article 3(1) and proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents” among the applicable columns of the judgment of the court below is “Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents,” and “the Road Traffic Act”.

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