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(영문) 의정부지방법원 2019.11.29 2019노901
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 10 months of imprisonment, 2 years of suspended sentence, 120 hours of community service, 40 hours of compliance driving lecture) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is recognized that: (a) the Defendant led to the instant crime; (b) appears that the degree of injury the victims suffered is relatively heavy; and (c) the vehicle operated by the Defendant was subscribed to a comprehensive motor vehicle insurance policy, and thus, the victims would be able to recover from damage to a certain extent through the said insurance policy.

However, the crime of this case was committed while the defendant was under the influence of 0.069% alcohol content at a speed of about 150 km, and was under the influence of speed of 150 km, and was under the necessity of medical treatment for about two weeks to three victims. In light of the background and method of the crime of this case and the degree of damage, etc., the crime of this case is not good. The defendant committed the crime of this case in the previous case even though he had been punished several times for the same crime, there is no evidence to deem that the defendant received a letter from the victims. There is no change in special circumstances to change the sentence of the court below after the sentence of the court below, and there is no other special factors to change the defendant's age, character and behavior, environment, circumstances of the crime of this case, and circumstances after the crime of this case, etc.

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