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(영문) 부산지방법원 2014.10.10 2014노2196

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of a fine of KRW 500,000 imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and against his mistake, the degree of damage is relatively minor and agreed with the victim, and around July 1985, there is no particular criminal punishment except for punishment of a fine of KRW 100,000 due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, health is not good, and economic conditions as a basic livelihood recipient are not excessive.

However, in light of the circumstances surrounding the accident and the degree of negligence of the defendant, etc., the crime of this case was committed by the negligence of the defendant while driving a offtobba, which led to the shocking of the victim C, who was a crosswalk pursuant to the pedestrian signals, and caused the injury. The court below seems to have determined the punishment against the defendant in light of the above favorable circumstances. The court below did not change the circumstances in the first instance court, and there were no other changes in the circumstances at the first instance court, and all other circumstances, including the defendant's age, environment, occupation, family relationship, the circumstances leading to the crime of this case, and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the records, it cannot be deemed unfair.

Therefore, 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 since it is without merit. It is so decided as per Disposition.