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(영문) 서울동부지방법원 2014.09.26 2014노963
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended execution and forty hours of law-abiding driving lectures in the six months of imprisonment without prison labor) is too unreasonable.

2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant's mistake was divided in depth and reflected, and that the defendant paid 12 million won to the victim at the investigation stage and agreed smoothly, the crime of this case is driving a taxi by the defendant.

In addition, considering the motive, means and result of the instant crime, the circumstances after the crime, the defendant's age, character and conduct, intelligence and environment, etc. as well as the application of the sentencing guidelines of the Sentencing Committee, it cannot be deemed unfair because the court below's punishment against the defendant is too too unreasonable, and thus, the defendant's above assertion is not acceptable. The defendant's punishment cannot be accepted. The defendant's ground is justified. The defendant's ground is with merit. The defendant's ground of appeal is with merit. The defendant's ground of appeal is with merit.

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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