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The defendant's appeal is dismissed.
Reasons
When considering the fact that the defendant is difficult to carry out community service order due to poverty, the sentence imposed by the court below (one year of imprisonment, two years of suspended execution, and 240 hours of community service order) is too unreasonable.
Judgment
There are no criminal records of the defendant, and three times of the suspension of the execution of imprisonment with prison labor (2004, 2007, 2009) and multiple fines.
At the investigation stage, the defendant agreed with the victim E, and the company of the defendant's cab paid KRW 1750,000 to the above victim (Evidence Nos. 27 & 27 of the evidence record, the trial record No. 24 of the trial record), and with respect to the victim G, about KRW 1,950,000 for medical expenses from Jun. 2, 2016 to Nov. 14, 2016 through the mutual aid association where the defendant's cab was admitted (the trial record No. 25-26 of the trial record) are favorable.
However, the Defendant caused a traffic accident due to negligence of neglecting the duty of the front-time watch and caused a traffic accident to one victim for about three weeks, and the rest of the victim for about four weeks of medical treatment was inflicted on each victim, and the victim was damaged by KRW 85 million of the repair cost on the damaged vehicle, and immediately after the accident, the police officer called him/her as a person who was not the cause of the accident but the person who was killed for the accident and went away from the scene of the accident (Evidence 2: 61 of the evidence record). In light of the background of the escape of this case and the circumstances after the crime, etc., the crime of this case is very poor.
In full view of all the sentencing conditions, including the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the lower court’s punishment is determined within the scope of the sentencing discretion, and it cannot be deemed unfair because it is too unreasonable.
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.