logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.08.23 2019노677
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 3 million imposed by the court below is too unreasonable.

2. The judgment of the defendant recognized the facts charged in this case and reflects his mistake, and the victims seem to have been compensated for medical expenses and repair expenses incurred by the accident in this case because the vehicle operated by the defendant was covered by a comprehensive insurance, and in particular, the defendant agreed to the extent that there was no other criminal record except for the defendant sentenced to a fine of KRW 300,000 for the crime of violating the Automobile Management Act around 2013. Meanwhile, the crime in this case is deemed to have been committed in light of the victim H's age and possibility of the occurrence of a suddenly left-hand-hand disease by the defendant's negligence in violation of the signal at the intersection, and it is difficult to view that the accident in this case only caused the accident in this case and the victim suffered serious injury in need of the "seven weeks" medical treatment, but it is difficult to consider the above circumstances in determining the sentencing of the defendant.

Considering the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the sentence of the lower court is too unreasonable, since the Defendant’s punishment is too unreasonable, the degree of negligence and the degree of injury suffered by the victims are considerably significant, and the nature of the crime is not good in light of the circumstances and contents of the crime, there is no special change in circumstances that make the lower court change in its punishment after the sentence of the lower judgment, and other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, character and conduct, circumstances after the crime was committed

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow