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(영문) 서울서부지방법원 2015.01.30 2014노1642
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable by the lower court’s punishment (four million won by fine).

2. The fact that the defendant recognized the crime of this case and reflects it, and that the principle of equity should be considered at the same time with the crime of violation of the Road Traffic Act (driving) as the judgment of the court below is an element of sentencing favorable to the defendant.

However, in full view of the factors of sentencing unfavorable to the Defendant, including the fact that the Defendant was driving while his driver’s license was revoked due to drunk driving, and the Defendant had been punished several times at the time of committing the instant crime, etc., and other factors of sentencing indicated in the records of the instant case, the sentence of the lower court against the Defendant is adequate.

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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