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(영문) 수원지방법원 2018.10.26 2018노5399
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (4 months without prison labor) is too unreasonable.

2. Circumstances favorable to the Defendant, such as the fact that the Defendant reflects the crime, the fact that there was no specific penalty, as well as the fact that the Defendant was sentenced to one-time suspension of the execution of imprisonment due to the crime of this type, and the victim crossing without permission appears to have been negligent in causing traffic accidents or expanding damage, and the fact that the Defendant’s vehicle was covered by a comprehensive motor vehicle insurance policy, etc., on the other hand, the crime of this case is not less complicated in light of the degree of negligence and degree of damage, and the fact that the Defendant committed the crime

Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s occupation, age, family relationship, sexual conduct, environment, motive and circumstance of the crime, and circumstances before and after the crime, it is difficult to view that the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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