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(영문) 대구지방법원 2018.10.19 2018노1400
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the defendant, that the defendant agreed with the victim, and that the defendant only has the ability to punish a fine once due to the crime of this case.

However, despite the risk of human life damage caused by a cargo vehicle, the defendant caused the instant accident in the course of driving the victim's urbane at the intersection where the right of wrong is prohibited, and the victim of the instant accident is recognized to have suffered serious injury that requires 14 weeks' medical treatment.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.

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

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