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(영문) 서울남부지방법원 2013.04.18 2013노96

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

The summary of the defendant's grounds for appeal is that the punishment (the imprisonment of six months, the suspension of execution of one year, and the community service order of 120 hours) imposed by the court below is too unreasonable.

Therefore, it is true that there are various circumstances to take into account, such as the fact that the Defendant recognized the instant crime and divided his mistake in depth, the victim does not want to punish the Defendant, the taxi of the Defendant is affiliated with the National Federation of Passenger Transport Business Association, and the Defendant has no criminal power for the last ten years.

On the other hand, the Defendant’s crime of this case was committed by shocking the victim who dried a crosswalk in violation of traffic signal, and the nature of the crime is not good, and the degree of the victim’s injury is more severe than 14 weeks, considering the circumstances favorable to the Defendant, and the lower court determined the punishment in consideration of the circumstances favorable to the Defendant, and there is no special change in the circumstances or circumstances that may be considered in the sentencing newly after the sentence of the lower judgment was rendered. In full view of other various circumstances, including the Defendant’s age, character, character, environment, health conditions, motive, means and consequence of the crime, and the circumstances following the crime, etc., it is not recognized that the Defendant’s punishment imposed by the lower court is too unreasonable even if considering all the circumstances alleged as the grounds for appeal by the Defendant as the grounds for appeal.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.