(영문) 의정부지방법원 2018.04.03 2018노330

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(영문) 의정부지방법원 2018.04.03 2018노330

교통사고처리특례법위반(치상)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. We examine both the judgment prosecutor and the defendant's respective arguments on sentencing.

The defendant has been punished several times due to drinking driving and driving without a license, and each of the crimes of this case was committed four times in a short period of about seven months, and the defendant is not present at the court below's trial but has re-satisfyed part of each of the crimes of this case during the trial. It is not good that such crime is committed, and drinking driving is a crime that may infringe not only the driver but also the citizen's life and body using the road and needs to be punished.

However, in light of the fact that the Defendant recognized the instant crime, against whom the Defendant is committed, and is going against, and against the law, that there was no criminal conviction exceeding the fine up to the present day, that the instant vehicle was subscribed to an automobile comprehensive insurance, that there was a mother to support the Defendant, and that there was a mother to support the Defendant, and other conditions of sentencing specified in the instant records and arguments, such as the Defendant’s age, sex, environment, family relationship, motive for the crime and circumstances after the crime, the lower court’s punishment seems to be somewhat unreasonable, and thus, the Defendant’s assertion is reasonable, and the Prosecutor’s assertion is groundless

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the judgment below is again decided as follows (inasmuch as the defendant's appeal is without merit, and the judgment below is reversed by accepting the defendant's appeal, it shall not be dismissed separately in the text of the judgment) / [Grounds for a new judgment] summary of criminal facts and evidence, and summary of evidence acknowledged by the court, are criminal facts

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