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(영문) 대구지방법원 2017.11.09 2017노2447
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in the month of imprisonment with prison labor, forty hours of community service, forty hours of instruction of compliance driving) is too unreasonable.

2. The judgment of the Defendant is a favorable circumstance such as the fact that the Defendant recognized the instant crime, the fact that there was no previous conviction in addition to a fine, the degree of injury to the victim of the traffic accident is relatively minor, and the driving vehicle has subscribed to the comprehensive motor vehicle insurance policy.

However, the Defendant had been punished for driving alcohol (the respective fines of 2003, 2004, 2005, and 2009) but caused the occurrence of an accident while driving a second alcohol.

The person who caused the traffic accident was unable to receive an explanatory note from the victim.

In full view of the above unfavorable circumstances and other factors, such as Defendant’s age, sex, occupation, environment, circumstances leading to the commission of the crime, circumstances after the commission of the crime, etc., and the conditions of sentencing compared to the first instance court, where there is no change in the conditions of sentencing, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the lower court’s punishment is too unreasonable.

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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