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(영문) 울산지방법원 2017.01.20 2016노2051
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for six months, the suspension of execution for two years, the community service order for 80 hours, and the order to attend a lecture for 40 hours) declared by the court below is too unreasonable.

2. However, the circumstances favorable to the defendant include the fact that the defendant recognizes and reflects his mistake, that the injured person does not want the punishment of the defendant, that there is no record of criminal punishment exceeding the fine, and that there is no record of criminal punishment.

However, the crime of this case is committed by a taxi driver, who is a means of public transportation, and is responsible for operating a vehicle, in violation of the traffic signal of the defendant, and by neglecting the duty of the front-time driver to protect pedestrians on the crosswalk, and causing serious injury to the victim in need of approximately 14 weeks of treatment. In light of the circumstances of the crime and the degree of injury inflicted on the victim, etc., the crime of this case is very heavy in view of the fact that the defendant committed a traffic accident by negligence in violation of the duty of protection of pedestrians on the crosswalk and was punished four times in the same kind of crime, and the defendant was punished four times of the same crime, etc. before and after the crime of this case, the defendant's age, sex, family environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment imposed by the court below is too unreasonable.

3. As such, 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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