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(영문) 광주지방법원 2016.09.22 2015노3328

교통사고처리특례법위반

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment without prison labor for six months, the suspension of execution for two years, community service hours 80 hours, and the participation in compliance driving lectures for 40 hours) is too unreasonable.

2. The following facts are favorable to the Defendant.

The defendant's vehicle may be covered by a considerable amount of damage recovery from being insured by the motor vehicle mutual aid association.

The victims do not want to be punished for the defendant by mutual consent with C and E.

For the victim F, 2 million won was deposited.

The defendant has no record of criminal punishment for the same crime.

On the other hand, the following is disadvantageous.

The accident of this case is caused by the defendant's left-hand turn in violation of the intersection signal at night, and is committed by the defendant as to the occurrence of the accident.

Due to an accident, three victims have occurred, and in particular, the degree of damage suffered by the victim F is serious.

There was no agreement with the victim F.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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.