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(영문) 대법원 2014.03.27 2014도1111

교통사고처리특례법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning and the evidence duly admitted by the first instance court maintained by the lower court, the lower court was justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning.

The court below did not err by misunderstanding the legal principles on the duty of care in the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which is contrary to logical and empirical rules.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.