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(영문) 광주지방법원 2016.09.22 2015노3155

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victims of mistake of fact did not suffer injury due to the instant traffic accident.

Nevertheless, the court below which found the defendant guilty of violating the Act on Special Cases concerning the Settlement of Traffic Accidents has erred by misunderstanding the facts and affecting the judgment.

B. The sentence of the lower court (an amount of KRW 1,500,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the current state of traffic accident prepared by the assistant judicial police officer, the statement in the actual survey report, the image of the scene of the accident, the statement in the certificate of release from entry into and departure from H to F prepared by the oriental medical doctor M, and the statement in the statement in F prepared by the assistant judicial police officer, etc., it is recognized that the victim F was injured by the injury of light f, tension, etc. in need of approximately two weeks of medical treatment due to the instant traffic accident, and the victim H was injured by the ferode and tension that require approximately two weeks of medical treatment.

Therefore, the defendant's assertion is without merit.

B. In full view of the circumstances surrounding the instant crime, Defendant’s age, sexual conduct, environment, and circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion 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.