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(영문) 대구지방법원 2017.06.22 2017노1794
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 eight months) is too unreasonable.

2. It is recognized that the Defendant’s recognition of the instant crime and reflects on the victim of the instant accident, and that the degree of injury of the victims of the instant accident is relatively heavy.

However, in full view of the following: (a) the Defendant committed a traffic-related crime, including a large number of unlicensed driving crimes, but has been punished on nine occasions; (b) the instant traffic accident causing the occurrence of injury to the victims; (c) the Defendant’s age, sex, environment, circumstances leading to the commission of the crime; (d) the sentencing conditions indicated in the records, such as the Defendant’s age, sex, circumstances leading to the crime; and (e) the sentencing conditions indicated in the records; and (e) the first instance court’s sentencing conditions do not change compared with the first instance court; and (e) the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

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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