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(영문) 대전지방법원 2015.11.20 2015노1478

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the fact that the Defendant was not sentenced to a sentence, that the Defendant was committed against himself while making a confession of the crime, that the Defendant deposited KRW 12 million for the victim, that the Defendant’s vehicle paid approximately KRW 80 million for medical expenses to the victim in an insurance company in which the Defendant was a party, and that the victim was negligent in crossing without permission.

B. On the other hand, the crime of this case is very heavy in light of the fact that the defendant suffered a pedestrian victim as a passenger car and caused an injury to the victim, such as the completion load and the paralysis for treatment of about 20 weeks, and the degree of injury is serious.

In addition, considering all sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.