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(영문) 의정부지방법원 2019.07.26 2019노953
교통사고처리특례법위반(치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. The Defendant has the following disadvantageous circumstances:

As a result of the defendant's crime, the victim C suffered serious injury for about 16 weeks in need of medical treatment, and the victim seems to suffer from disability on the part of the injury even after the medical treatment is completed.

The defendant did not agree with the victim C.

The defendant's distance from driving a motor vehicle without a license is reasonable.

On the other hand, the defendant has the following favorable circumstances.

The Defendant recognized each of the crimes in this case and reflected against himself.

The defendant has no record of criminal punishment in Korea prior to each of the crimes in this case.

It seems that part of the damage recovery has been made to the victim C through liability insurance purchased by the defendant.

Victim F and G do not want to be punished by the defendant.

In light of the circumstances favorable to the Defendant and the unfavorable circumstances, and the fact that there is no change in the sentencing conditions compared with the original judgment as the new sentencing data was not submitted in the first instance court, it cannot be said that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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

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