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(영문) 서울남부지방법원 2014.01.23 2013노1604

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

Defendant

The gist of the grounds for appeal by his defense counsel is that the punishment (10 months of imprisonment without prison labor, 2 years of suspended execution, 120 hours of community service order) imposed by the court below is too unreasonable.

Therefore, it is true that there are extenuating circumstances for the defendant, such as the fact that the defendant recognized the crime of this case and divided his mistake, the defendant did not have any negligence as prescribed in the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the amount of the defendant's running car is covered by the motor vehicle comprehensive insurance, and the victim's negligence also caused the accident of this case.

However, in light of the following circumstances: (a) the instant accident suffered serious injury to the victim’s less serious brain ties and cerebrovascular damage; and (b) it appears that the suffering of the victim himself and his family members would be very high; (c) the Defendant’s family members wanting to be punished for the Defendant by failing to clearly indicate the intent of the victim or his family members, which was proper after the instant accident; (d) the lower court determined the punishment by taking into account the circumstances favorable to the Defendant; and (e) there was no change in the circumstances or circumstances that may be considered for sentencing; and (e) there was no change in the circumstances or circumstances that may be considered for sentencing newly after the pronouncement of the lower judgment; and (e) other various circumstances, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) the circumstances asserted by the Defendant and his defense counsel as grounds for appeal, it is not recognized that the Defendant’s punishment imposed by the lower court is excessively unreasonable.

Therefore, the defendant and his defense counsel'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.