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(영문) 광주지방법원 2016.07.21 2016노1451
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of four months, the fine of three hundred thousand won) is too unreasonable.

2. The fact that the victims of the instant accident are relatively minor, and that the Defendant agreed with the victim H and thus the victim does not want the punishment is favorable to the Defendant.

On the other hand, the following is disadvantageous.

The defendant has a record of criminal punishment several times for the same crime.

In particular, on April 11, 2014, the Gwangju District Court sentenced 8 months of imprisonment due to forced indecent acts, 2 years of suspended sentence, and sentenced 2 years of imprisonment to a fine for recidivism, such as driving without a license, violation of the Guarantee of Automobile Compensation, and violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, re-offending without any reflection.

The accident of this case was caused by the defendant's intrusion of central line, and the defendant's negligence is severe, and the defendant did not subscribe to mandatory insurance.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable as it is too unreasonable. As such, the Defendant’s assertion is without merit.

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

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