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(영문) 수원지방법원 2017.09.22 2017노5001
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (six months of imprisonment without prison labor) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant include the following: (a) the defendant repents his mistake and reflects his depth; (b) the defendant has no record of punishment exceeding the fine due to the same kind of crime; (c) the victim E does not have a relatively heavy degree of injury; and (d) the victim does not want the punishment of the defendant.

On the other hand, the defendant suffered bodily injury from two victims by violating the duty to protect pedestrians, the defendant had been punished twice due to the traffic-related crimes, the victim F, who suffered serious bodily injury, and the victim F, due to the traffic accident in this case, complained of considerable aftermatha, and the defendant was punished, and the vehicle of the defendant is only covered by the liability insurance, and it seems that only part of the damage to the victim F, was restored to the victim F, see the defendant's 25th automobile insurance accident confirmation source, etc. of the trial record.

In addition, even if considering all of the sentencing conditions indicated in the records of this case, including the Defendant’s age, sex, environment, motive of crime, and circumstances after crime, etc., the lower court’s punishment is too unreasonable.

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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