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(영문) 수원지방법원 2017.01.20 2016노5911

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. Prior to the instant crime, the Defendant recognized the facts of the instant crime with no criminal history prior to the instant crime and reflects the fact, and the victim’s negligence directly engaged in the left-hand turn turn seems to have considerable impact on the occurrence of the accident and the expansion of damage, etc. are the sentencing conditions favorable to the Defendant.

However, in full view of the following: (a) the Defendant’s breach of the duty of care by the Defendant’s breach of the duty of care is not less than 6 weeks of the Defendant’s liability for damages, and the Defendant did not reach an agreement with the victim until the Defendant was in the trial; (b) the lower court appears to have determined the punishment by taking into account the factors favorable to the Defendant; (c) there were no changes in circumstances that may change the sentence of the lower court in the first instance; and (d) other various circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, sex, environment, family relationship, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’

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.