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(영문) 수원지방법원 2016.05.13 2015노7376

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. It is true that there is a condition for sentencing favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the defendant paid 3 million won to the victim through criminal conciliation procedures conducted by the prosecution, and that the defendant has only agreed to pay 3 million won to the victim, and that there is no particular criminal punishment in addition to the punishment of a fine once due to a violation of the Road Traffic Act (driving) around 2011.

However, the crime of this case was committed by the defendant while making an internship at a place where the center line of the yellow real line is marked, and the victim was injured by about 12 weeks, and the nature of the crime is not weak. In full view of various circumstances, including equity in sentencing with the same and similar cases, and the defendant's age, sex behavior, environment, family relationship, etc., which are the conditions for sentencing in this case, the court below's punishment is too unreasonable. Thus, the defendant's unjust assertion of the above sentencing is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.