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(영문) 대구지방법원 2016.06.16 2015노2919

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the crime of violation of Road Traffic Act in the judgment of the court below, each traffic accident of this case is not caused by the negligence of the defendant, but rather caused by the negligence of each victim

Nevertheless, the judgment of the court below which found the Defendant guilty of all the facts charged of this case is erroneous, which affected the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the court below's determination that each of the traffic accidents of this case was guilty of all the facts charged of this case including each of the violation of the Special Act on the Settlement of Traffic Accidents and the violation of the Road Traffic Act is just.

Therefore, we cannot accept the defendant's assertion of mistake of the above facts.

B. In full view of the following: (a) the Defendant’s negligence caused each of the instant traffic accidents to cause injury to the victims and did not agree with the victims; (b) did not make any effort to recover personal and material damage suffered by the victims even though they did not subscribe to the mandatory insurance for motor vehicles; (c) did not seem to be consistent with the victims and make it difficult for them to be informed; and (d) did not seriously reflect the terms and conditions of punishment as indicated in the records and arguments, including the Defendant’s age, sex, environment, circumstances leading to the commission of the crime; and (e) circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair.

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