logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.10.29 2020노477
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was aware of the fact that the person in charge of the Dongdaemun-gu Police Station at the time confirmed the completion of the education of the Defendant and recognized that the driver’s license was reduced or exempted and that the driver’s license was able to drive normally at normal time according to the completion of the education period.

B. The lower court’s sentence (three million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. The Defendant also asserted the same content as the grounds for appeal in the lower court’s determination of mistake of facts.

In light of the fact that the defendant is a taxi engineer, and there are two times or two times or more, the court below rejected the defendant's assertion that even if the defendant has received a driver's license after participating in the education on the reduction of penalty points, as alleged by the defendant, the defendant still recognized the possibility that the suspension of driver's license can be valid.

Examining the circumstances presented by the lower court in light of the record, the lower court’s conclusion is justifiable and thus, the Defendant’s assertion of mistake is without merit.

B. The lower court rendered the said sentence on the assertion of unfair sentencing, taking into account the degree of injury suffered by the victim, the victim’s negligence, the fact that the Defendant’s driver taxi is subscribed to personal mutual aid, and the Defendant’s economic situation, etc.

Examining the record, the sentencing of the lower court seems to be appropriate, and there is no special change in circumstances that could change the sentencing of the lower court in the course of the trial. Therefore, the lower court’s punishment against the Defendant is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

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.

arrow