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(영문) 서울동부지방법원 2015.03.26 2014노1643
교통사고처리특례법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., e., e., 5 million won, which the court below sentenced against the defendant, asserts that the defendant is too unreasonable, and the prosecutor argues that it is too uneasible and unfair.

2. The fact that the defendant's judgment on the grounds of appeal had a large number of traffic crimes, despite the fact that the defendant had a large number of traffic crimes, caused a traffic accident by driving without license, and that the nature of the crime is not weak, and that the defendant stolen another's personal information to conceal the crime immediately after the accident, etc. is disadvantageous to the defendant.

However, there are extenuating circumstances, such as the fact that the Defendant fully recognized the facts of the crime, the fact that the two injured victims of the instant traffic accident are against the mistake, the fact that the degree of such injury is relatively minor, the fact that the victims agree with the victims, and the fact that they are responsible for the livelihood of family, including the mother whose health is not good.

Examining the above various conditions in light of the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, intelligence and environment, and circumstances after the crime, etc., the sentence imposed by the court below against the Defendant is appropriate, and it does not seem to be too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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.

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