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(영문) 서울동부지방법원 2016.10.21 2016노674

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (700,000 won) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The fact that the victim neglected the duty of care in front of the traffic accident is deemed to have caused the traffic accident of this case, and that the defendant is aged and the defendant has no previous conviction except for one time of fine, can be considered as normal data favorable to the defendant. However, the defendant's crime of this case is that the driver of the damaged vehicle caused the injury by taking out the damaged vehicle due to negligence in violation of the signal at the intersection, and in full view of the degree of breach of the duty of care, the result of the crime, and all other factors of sentencing specified in the records and arguments, even if considering the above favorable normal data, the sentence imposed by the court below

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.