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(영문) 서울중앙지방법원 2017.10.12 2017노2154

교통사고처리특례법위반(치상)

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year of suspended sentence in June of the imprisonment without prison labor) is too unreasonable.

Judgment

The crime of this case is a situation unfavorable to the defendant, where the victim who was walking in front of the vehicle was injured by the victim who was walking in front of the vehicle for about six weeks, and the nature of the crime is not good. According to the court investigator's sentencing investigation report, according to the court investigator's sentencing investigation report, the victim was significantly hindered in the company's business, such as the victim cannot attend a business trip because the degree of injury is serious (35 pages of the trial record). Since the vehicle driving by the defendant is covered by liability insurance, the victim did not receive sufficient compensation, and the difference between the victim and the agreement amount is so large that no agreement has been reached (49 pages of the evidence record).

However, there are circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the instant crime, the fact that KRW 6,947,560 was paid to the victim under the name of medical expenses (the trial record No. 19,29 pages), and that there was no record of punishment for the same kind of crime.

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the various circumstances that are the conditions for the sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex conduct, motive of the crime, and circumstances before and after the crime, since the sentence of the court below cannot be deemed to be unfair since the sentence imposed by the court below is too unreasonable

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.