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(영문) 대구지방법원 2016.05.19 2015노2040
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (6 months of imprisonment without prison labor and 2 years of suspended execution) on the summary of the grounds for appeal is too unreasonable.

2. On the other hand, the Defendant is against the charge of confessioning the facts charged, and the agreement with J, K and I is reached among the victims, and they do not want the punishment of the Defendant, and the vehicles operated by the Defendant are covered by a comprehensive insurance.

And the defendant is aged and has no record of the same kind of crime.

However, the defendant suffered the accident of this case where five persons are in breach of signal, and some victims are not less than those of such injury, and no agreement has been reached with two victims until now.

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.

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

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