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(영문) 서울동부지방법원 2014.12.04 2014노1278

교통사고처리특례법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (including six months of imprisonment without prison labor, two years of suspended execution, and one hundred and sixty hours of community service order) declared by the court below is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, when the Defendant temporarily stops or travels in a crosswalk without signal lights while driving a car, resulting in an injury in need of 14 weeks of treatment by shocking the victim (the age of 13) who went through the crosswalk while neglecting his/her duty to protect pedestrians, such as taking into account whether to cross the crosswalks, and neglecting the duty to protect pedestrians, and resulting in an injury that is in need of 14 weeks of treatment. In light of the details thereof and the degree of injury of the victim, etc., the crime is

However, the defendant confessions the crime of this case and reflects the depth of the defendant, and there are some considerations in the circumstances of the accident that it is difficult to secure the view due to the vehicle parked beside each other of the road of this case at the time of the accident. The accident of this case occurred, the defendant promptly takes relief measures against the victim, such as checking the condition of the victim, reporting it to 112, etc., the vehicle of this case is covered by the comprehensive vehicle insurance, and the defendant has agreed to pay damages to the victim separately and smoothly with the victim, the defendant has no criminal history, and according to the internal rules of the company where the defendant is in office, the defendant has no record of criminal punishment, and the defendant has no record of imprisonment without prison labor or heavier punishment. The selection of the defendant's workplace appears to be harsh in light of the above circumstances, and the defendant's age, character, character and environment, occupation, motive, motive, means, result, etc. of the crime, and the circumstances after the crime, etc., it seems that the judgment of the court below is too unfair to sentence against the defendant.

3. Conclusion.