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(영문) 수원지방법원 2018.12.12 2018노5660
자동차손해배상보장법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable for the following: (a) the Defendant’s mistake is divided and reflected by himself; (b) the Defendant’s failure to repeat the crime; (c) there are family members to support; and (d) no additional damage has occurred due to the instant crime.

However, on April 5, 2017, the Defendant was sentenced to a two-year grace period for a two-month period, and repeated the instant crime even if he had been sentenced to a two-time fine due to a driverless driving without a license in 2017. The lower court appears to have taken into account the circumstances favorable to the Defendant in the lower judgment, and there is no special change in circumstances or circumstances that may be considered for sentencing newly after the lower judgment was sentenced, and in full view of all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the circumstances after the crime, etc., the lower court’s sentence is too heavy or it is deemed unfair as it is deemed that the Defendant and the prosecutor’s aforementioned assertion are groundless.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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