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(영문) 서울중앙지방법원 2018.05.25 2018노107

교통사고처리특례법위반(치상)

Text

The appeal by the defendant and the prosecutor shall be dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) by the defendant is too unreasonable. The punishment of the court below (amounting to 6 million won) is too unreasonable.

The sentence of the prosecutor (unfair sentencing) is too uncompared and unfair.

Judgment

The crime of this case was committed in violation of the defendant's signal, the victim was seriously injured by six weeks, and the defendant did not buy a comprehensive insurance and did not reach an agreement with the victim.

However, considering all of the sentencing conditions indicated in the records of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, circumstance after the crime, etc., the sentencing of the court below is within reasonable scope, in consideration of the following factors: (a) the defendant led to the confession of the crime of this case and his mistake; (b) the victim was negligent in the occurrence of the accident; (c) the defendant committed a criminal offense only once, and there was no criminal offense above the suspension of execution; and (d) the defendant does not seem to have any substantial obstacle

Since there is no circumstance that can be newly considered in the trial, it is not recognized that the sentence of the court below is too heavy or it is unfair because it is too heavy.

In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.