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(영문) 대구지방법원 2017.11.30 2017노4025
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. It is recognized that the judgment defendant recognized each of the crimes of this case and reflected against the defendant.

However, even though the Defendant had a large number of records of punishment for drinking driving (including the previous convictions, seven times), the Defendant caused an accident while driving a drinking or without a license on November 27, 2016 and caused the injury to the victims (the first crime in this case). On March 22, 2017, the Defendant was charged for the said crime, and the Defendant was under driving again for driving a drinking or without a license on March 22, 2017 (the second crime in this case). The degree of injury suffered by the victims due to the first crime in this case is not easy (3 weeks and six weeks respectively), and the Defendant did not receive any employee from the victims.

In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, background leading to the commission of the crime, circumstances after the commission of the crime, etc., and the fact that it is reasonable to respect the sentencing of the first instance court where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion (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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