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(영문) 창원지방법원 2016.06.30 2016노386

교통사고처리특례법위반

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (10 months without prison labor) on the defendant is too unreasonable.

2. There are extenuating circumstances, such as the following: (a) the fact that the Defendant made a confession of and reflects on the facts constituting an offense; (b) the vehicle has subscribed to automobile insurance; (c) deposit KRW 10 million for the victim; (d) there is no criminal record of suspended execution or more; and (e) the Defendant’s economic situation appears not to be good.

On the other hand, in light of the following: (a) the Defendant paid a traffic accident involving a victim who had no negligence due to gross negligence on the part of the Defendant who had caused the contact accident in violation of the vehicle line; (b) the Defendant suffered serious injury; and (c) the Defendant issued a sentence at the lower court, but did not detain the Defendant, and provided the Defendant with an opportunity to reach an agreement or recover damage with the victim; (d) the victim did not reach an agreement with the victim up to the trial; and (e) the victim continues to be subject to severe punishment against the Defendant, it is inevitable to make a strict sentence against the Defendant.

In addition, considering the overall circumstances, the lower court’s punishment against the Defendant is deemed to have been determined by taking into account various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, the lower court’s punishment is not deemed to be unfair because it is too unreasonable for the lower court to have imposed punishment.

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