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(영문) 대구지방법원 2015.07.23 2014노3970
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (7 million won of a fine) is too unreasonable.

2. The judgment of the Defendant is going against the depth of the instant crime and not to repeat the crime.

Although the amount of physical damage is about KRW 18.8 million, considering the fact that the damaged vehicle suffered a large amount of repair costs compared to the degree of damage due to the characteristics of the imported external vehicle, the degree of the accident in this case is not deemed significant, and the degree of the injury suffered by the victim is relatively minor.

It is also recognized that the economic situation of the defendant is difficult.

However, the crime of this case did not reach an agreement with the victim or recovery of damage, until it was found that the defendant caused personal and material damage to the victim by neglecting the victim's vehicle due to occupational negligence while driving the vehicle.

In addition, considering the various sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, economic situation, etc. of the defendant, the sentence of the court below cannot be deemed to be unfair because it is too unreasonable.

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

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