beta
(영문) 대구지방법원 2013.05.30 2012노4150

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months, the suspension of execution for two years, community service for 160 hours, and the participation in compliance driving for 80 hours) that the court below made is too unreasonable.

2. It is recognized that insurance money was paid to the victim, the defendant additionally deposited KRW 2 million, and partial monetary compensation was made, and the defendant's living conditions making it difficult for him/her to support his/her children and wife who are not good health.

However, the defendant's negligence caused the traffic accident of this case due to the negligence of driving the central line, which led to the damage of the victim who is in need of 14 weeks of treatment.

In addition, examining the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, the method and consequence of the instant crime, and the conditions of sentencing indicated in the records and pleadings, such as the circumstances before and after the instant crime, it is difficult to deem that the lower court’s punishment is too unreasonable.

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.