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(영문) 서울동부지방법원 2016.04.01 2015노1574
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (10 months of imprisonment without prison labor and 2 years of suspended execution) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The fact that the defendant is covered by a comprehensive insurance, and that the injured person was not punished by the defendant can be considered as normal data favorable to the defendant.

However, the Defendant’s crime of this case committed a traffic accident while driving a bus on board the passengers, causing four passengers to suffer bodily injury. In particular, one of them suffered serious bodily injury, such as double alleys and a part-to-propoping, etc., and the nature and circumstances of the crime are very heavy; the Defendant has long been punished as a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; and other various sentencing conditions, such as the Defendant’s age, sexual behavior, and environment, are considered in light of the above-mentioned favorable normal data, the sentence of the lower court is not heavy even if considering the above-mentioned favorable normal data.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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