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(영문) 광주지방법원 2018.10.18 2018노2403
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant recognizes the crime and reflects the depth of the crime, the injury suffered by the victim of a traffic accident is relatively minor, and the defendant wants to take the wife against the defendant by mutual consent between the victim's father and the victim's wife, etc. are favorable to the defendant.

On the other hand, the following is disadvantageous.

The defendant has a record of being punished several times due to drinking driving and has been punished for driving without a license.

Furthermore, the Defendant, while driving a motor vehicle without the driver’s license, was revoked due to drinking and was under the suspension of execution, caused the instant traffic accident that causes the damage to the victim on the crosswalk. Therefore, the Defendant is bad in the nature of the crime.

In light of the above criminal records, drinking, and non-licensed driving habits of the defendant, the risk of recidivism is high.

Since there is a need to punish the defendant strictly.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.

3. 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 groundless.

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