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(영문) 대전지방법원 2015.11.05 2015노2736
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court against the Defendant is too unreasonable.

2. The court below's determination that the defendant led to the confession of the crime of this case and divided his mistake into two separate charges; that the victims do not want the punishment of the defendant; that the social ties between the defendant and his wife appears to be relatively clear, such as the defendant's motion for the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents; or that the defendant had been sentenced to a suspended sentence due to the crime of violating the Road Traffic Act, but the defendant again committed the same crime during the period of repeated crime, despite the history that he had been sentenced to a prison sentence or a suspended sentence due to the crime of violating the Road Traffic Act, is disadvantageous to the defendant. In addition, the court below's determination that the statutory punishment for the crime of violating the Road Traffic Act of this case was more than one year but not more than three years, or more than 5 million won, but not more than 10 million won. Thus, the court below's determination that the maximum sentence of the defendant was less than 6 months, the defendant's age, character and environment, motive, method and result of the crime, etc.

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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