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(영문) 창원지방법원 2018.02.08 2017노3690
교통사고처리특례법위반(치상)등
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. There are extenuating circumstances, such as the fact that the Defendant recognized all of the crimes and reflects, that the degree of injury of the victim C is not serious, that the Defendant agreed with the victim C and E, that the Defendant scrapped the vehicle driven by the Defendant.

However, in light of the following: (a) the Defendant was sentenced to one-time suspension of execution due to a fine on two occasions due to drinking driving; (b) a fine on one-time basis due to a non-licensed driving; (c) a fine on one-time basis due to a non-licensed driving; (d) a violation of the Road Traffic Act (i.e., a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) by a non-licensed driving; (b) a person causing a traffic accident while driving a non-licensed driving; (c) the Defendant was injured and damaged by the victim C; (d) the Defendant driven a vehicle under the name of a child who is not covered by mandatory insurance; (d) a person driving the vehicle without a mandatory insurance; (e) the risk of recidivism is high due to the low compliance awareness; and (e) the Defendant is deemed unable to prevent the recidivism of the Defendant by means of a fine or a suspended execution; and (e) other various circumstances, such as the Defendant’s age, environment, sex, circumstances leading to the crime; and (e) the sentencing before and arguments.

3. As such, 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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