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(영문) 제주지방법원 2021.01.21 2020노262
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

Although the Defendant appealed on the ground that the Defendant’s punishment (6 months of imprisonment) was too excessive and unfair, the Defendant appealeded on the ground that the Defendant violated the intersection signal at night while driving the freight without a license and caused a traffic accident. However, the Defendant’s negligence in the occurrence of the traffic accident, such as the occurrence of the instant accident and the occurrence of the risk thereof, such as the occurrence of the traffic accident, the damaged vehicle and the vehicle involved in the instant accident led to scrapping, etc., the Defendant did not subscribe to a comprehensive insurance, the Defendant did not agree with the victim, the Defendant committed each of the instant crimes despite the fact that the Defendant had been punished several times of traffic crimes, and the Defendant committed a second offense without being aware of the fact that the Defendant was under suspension of execution due to the same crime, in light of all the sentencing conditions indicated in the records and the changes theory, including the fact that the insurance money was paid to the victim, the Defendant disposed of the vehicle that the Defendant driven without a license to another person, the Defendant’s health status, family relationship, economic situation, etc., it cannot be deemed unfair on the grounds stated in its reasoning.

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, ex officio, the phrase "the choice of imprisonment without prison labor" in the last two pages of the sentence of the judgment of the court below shall be corrected to be deleted.

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