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(영문) 광주지방법원 2019.05.28 2018노3135

교통사고처리특례법위반(치상)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for six months, suspension of execution for two years, and suspension of compliance driving for 40 hours) of the lower court is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and reflects it, the victims D and F did not want the punishment of the defendant, and the fact that the vehicle driven by the defendant seems to have been repaid to the other victims through the mutual aid association where the vehicle driven by the defendant was admitted.

On the other hand, the crime of this case was committed by the defendant with a direct negligence in violation of the signal during the new wall time, and the degree of violation of the defendant's duty of care is not less than that of the defendant, and the defendant did not agree except the victim D and F.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of various sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

3. As such, 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.