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(영문) 춘천지방법원 2015.01.07 2014노882
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) that the court below sentenced against the defendant is too unreasonable.

2. The judgment of the court below is inconsistent with the following facts: (a) the defendant divided his mistake into two parts, and if the imprisonment of this case becomes final and conclusive, the suspension of the execution of the defendant's imprisonment has to be invalidated and the defendant has to serve in prison (eight months of imprisonment). However, such circumstances appear to have been considered all at the court below and there is no change in circumstances at the trial; (b) on the other hand, each of the crimes of this case was committed by the defendant while driving without obtaining a driver's license, and causing injury to the victim who was involved in the traffic accident, such as the left-hand and the left-hand end of the 16 week medical treatment, and the degree of damage is not less complicated; (c) the record of punishment of the defendant has been punished for the same kind of crime; and (d) the defendant committed each of the crimes of this case without being able to take account of the motive and circumstance leading up to each of the crimes of this case; and (d) the defendant's motive and circumstance after the crime of this case, and the defendant's character and circumstances, etc.

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

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