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(영문) 의정부지방법원 2019.07.11 2018노2885
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Sentencing (a fine of seven million won is imposed);

2. The accused has a record of being punished by a fine of the same kind of traffic crime, such as a violation of the Act on Special Cases concerning the Settlement of Drinking, Unlicensed, and Traffic Accidents;

Nevertheless, the Defendant, while the license was revoked, also driven at once while the license was revoked, and caused an accident.

Considering these circumstances, it is necessary to impose strict liability on the defendant.

Although there are circumstances that may be taken into account such as the Defendant’s age, character and conduct, environment, circumstances leading up to a crime, and circumstances that include the following: (a) the Defendant appeared to have committed the instant crime when the Defendant was in the trial; (b) the injury inflicted on the victim is not relatively heavy; and (c) the vehicle driving the Defendant is subscribed to liability insurance, the lower court’s punishment is deemed reasonable and too unreasonable.

The defendant's assertion of unfair sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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