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(영문) 수원지방법원 2016.11.16 2016노2370

교통사고처리특례법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On April 21, 2016, the fact that the defendant did not submit the statement of grounds for appeal within 20 days from the receipt of the notification of the receipt of the trial record on May 13, 2016 after he/she raised an appeal against the judgment of the court below on April 21, 2016 is clearly recorded, and the defendant’s petition of appeal does not contain any grounds for appeal, nor does the grounds for ex officio examination in the record be discovered.

Therefore, a decision to dismiss an appeal by a defendant should be made in accordance with Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act. However, as long as a decision is rendered on the appeal by a public prosecutor, a decision to dismiss an appeal should not be made separately and a decision should be

2. Determination on the prosecutor’s appeal

A. The main point of the grounds for appeal is that the sentence of the lower court (a fine of four million won) is too unhued and unreasonable.

B. The Defendant, even though the Defendant was under the period of suspension of execution due to the same criminal record, caused the instant traffic accident in violation of the signal, and thus, the nature of the crime is not weak.

However, the defendant subscribed to a comprehensive automobile insurance, and the injury of the victim is relatively minor.

Defendant reflects on crimes.

In addition, comprehensively taking account of all the circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is too unjustifiable and unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act, and the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition