2017No3876 Violation of the Road Traffic Act

A

Defendant

Park Jae-chul (Public Prosecution) and Extraordinary (Public Trial)

Seoul Central District Court Decision 2017 High Court Decision 2531 Decided October 13, 2017

January 25, 2018

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The punishment (one million won of fine) imposed on the defendant by the court below is too unreasonable.

2. Determination

The crime of this case was committed in a three-lane on the road of the four-lane and was committed by the defendant, by negligence, bypassing a four-lane, and was damaged to the extent that the amount of damage was significant, and the damage did not reach an agreement with the victim, even though the amount of damage was significant, it is unfavorable to the defendant.

However, the fact that the defendant is recognized as committing the crime of this case, the first offender, and the vehicle operated by the defendant is subscribed to a national rental car mutual aid (Evidence No. 21 of the evidence record), which seems to have been recovered up to the limit of KRW 20 million, etc. are favorable to the defendant.

In addition, considering the following circumstances, there is no special change in circumstances to change the sentence of the court below after the sentence of the court below, and the defendant's age, environment, character and conduct, motive of the crime, and circumstances before and after the crime was committed, it cannot be deemed that the sentence imposed by the court below is too unreasonable since the sentence imposed by the court below is too unreasonable. Thus, the defendant's assertion is rejected.

3. Conclusion

Therefore, 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.

The presiding judge, senior judge and senior judge

Judges Park Jong-ho

Judges Lee Jae-in