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(영문) 수원지방법원 2015.12.04 2015노5487
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won of fine) is too unreasonable.

2. It is true that there are conditions for sentencing favorable to the defendant, such as the fact that the defendant recognizes the crime of this case and has no record of criminal punishment, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and the victim does not want the punishment of the defendant.

However, in full view of the following circumstances: (a) the Defendant’s occurrence of a traffic accident leading to a shock of the victim’s misperciation in contravention of the signal, resulting in the victim’s injury requiring medical treatment for about two weeks; and (b) the nature of the crime is not weak; and (c) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the crime, etc., the lower court’s sentence is too unreasonable.

Therefore, the defendant and his defense counsel's above assertion of unfair sentencing is without merit.

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.

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