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(영문) 인천지방법원 2013.11.08 2013노2182

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for August, the suspension of execution for two years, and community service for 80 hours) by the court below is too unreasonable.

2. It is recognized that the Defendant’s age is the primary offender with no criminal punishment power.

However, in light of the following circumstances: (a) in the instant accident, the victim G was seriously injured; (b) the damage recovery was not fully performed; and (c) the sentence against the Defendant appears to have been determined by fully taking into account the aforementioned various circumstances into account; and (d) there was no change of circumstances that could vary between the lower court and the sentence; and (b) other circumstances that form the conditions for sentencing specified in the argument and the record of the instant case, including the Defendant’s character and behavior, environment, circumstances after the commission of the crime; and (c) the motive and circumstance of the crime, etc., the Defendant’s argument cannot be accepted as it

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.