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(영문) 광주지방법원 2015.11.26 2015노1672
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (a fine of three million won) is too unreasonable.

Judgment

The fact that the defendant is recognized as committing the crime of this case and is against the victim, that the defendant does not want the punishment against the defendant by agreement with the victim, that the defendant cannot have sufficient economic evidence, and that the defendant is the first offender who has no criminal history, etc. are favorable factors for sentencing.

However, the crime of this case was committed by the victim with a crosswalk, and the negligence of the defendant was extremely high, and its nature is not good, and the degree of injury to the victim is significant. The court below seems to have determined the punishment by fully considering the circumstances favorable to the defendant. The court below did not change the circumstances that would be different from the judgment of the court below for the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, environment, etc. are considered as a whole. Thus, the court below's punishment is not deemed to be unfair because it is too large, and the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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