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(영문) 서울남부지방법원 2017.03.30 2017노39

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable. The punishment (1.5 million won penalty) imposed by the defendant is too unreasonable.

2. The judgment is an automobile comprehensive insurance policy operated by the defendant, and the degree of injury of the victims is not much serious.

In addition, the crime of this case is a concurrent crime between the previous record of the crime in the judgment of the court of first instance and the latter part of Article 37 of the Criminal Code, and it is necessary to consider equity in the case of judgment.

However, the Defendant did not agree separately with the victims until the victims were injured by the three victims by the negligence of driving on the way of one-way traffic on board the Oral Sea, causing a traffic accident, and up to the depth of the party.

In addition, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unlimited and unreasonable, considering the following factors: (a) the Defendant’s age, sex, environment, motive for committing the crime, etc. as well as the circumstances favorable to or unfavorable to the Defendant; and (b) the reasons for sentencing of the lower court.

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.

참조조문