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(영문) 서울동부지방법원 2014.12.19 2014노1525
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended execution in April of the safe) is too unreasonable.

2. Although there are some favorable circumstances for the Defendant, such as the fact that the Defendant’s mistake reflects his own mistake, and there was no past history of punishment heavier than that of the previous or suspended execution, the Defendant recovered damage equivalent to KRW 20 million to the victim at the lower court, and the vehicle of this case is covered by a comprehensive insurance, etc. However, the crime of this case is a relatively heavy case for the Defendant who caused the accident while driving the vehicle in violation of the signal, and the result of the accident, such as the injury that the victim who suffered the shock caused by the accident, is in need of medical treatment for 16 weeks, is also a serious disadvantage. In addition, considering the sentencing guidelines of the Sentencing Committee, it cannot be deemed unfair because the sentencing guidelines of the Sentencing Committee are too excessive for the Defendant to take into account.

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.

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