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(영문) 광주지방법원 2016.10.05 2016노878

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of suspended sentence for four months of imprisonment without prison labor, 80 hours of community service order, and 40 hours of order to attend a compliance driving lecture) declared by the court below is too unreasonable.

2. The judgment is a favorable condition that the Defendant recognizes his mistake properly and reflects it, the motor vehicle driven by the Defendant is subscribed to the comprehensive motor vehicle insurance, and the Defendant does not punish the Defendant by mutual consent with the victim.

On the other hand, the lower court seems to have determined a sentence by taking into account such favorable circumstances, and there is no change in circumstances that may be considered newly in sentencing after the sentence of the lower judgment, and the Defendant’s negligence violating the duty to protect pedestrians on the crosswalk, and the victim suffered serious injury due to the instant accident.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, various sentencing conditions as shown in the argument of the instant case, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable

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