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(영문) 대구지방법원 2018.10.19 2018노1889

교통사고처리특례법위반(치상)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, recognized the fact that the victims had been on the part of the victims who had been on the part of the victims, did not directly compromise the victims.

However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. In light of the records of this case, a thorough examination of the evidence duly adopted and examined by the court below, such as the witness F’s legal statement, fact-finding, and field photo of the witness of the court below, it is sufficiently recognized that the defendant received victims due to Obane as stated in the facts charged of this case.

Therefore, this part of the defendant's argument is without merit.

B. It is recognized that whether sentencing is unfair or not by the defendant, as a beneficiary of the second degree and basic life who suffered from the difficulties in expanding the sentencing, the economic situation and health conditions are not good, and that the defendant can be seen to have recovered from the damage of the victims due to the defendant'

However, the Defendant committed the instant accident while driving a Otoba while driving the sidewalk. The instant accident caused the instant accident to the victim F for about 20 days, and the victim G suffered an injury requiring approximately 3 weeks of medical treatment, and the Defendant did not agree with the victims.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.

3. Thus, the defendant's appeal is without merit, and the Criminal Procedure Act is applicable.