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(영문) 창원지방법원 2018.04.12 2017노2615
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-misunderstanding and legal principles, at the time when the defendant entered the intersection in front of the upper 880 apartment complex in Busan, the defendant's entry direction signal was green signal and changed to yellow signal after the defendant entered the intersection.

Therefore, the defendant violated the signal and caused the accident of this case.

shall not be deemed to exist.

B. Sentencing

2. Determination

A. The lower court also asserted the same purport as the grounds for appeal, and the lower court rejected the Defendant’s assertion based on the circumstances indicated in its reasoning.

In light of the evidence duly admitted and adopted by the court below, the judgment of the court below is just and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

We cannot accept the Defendant’s factual mistake and misapprehension of legal principles.

B. Even if the Defendant’s judgment on the unfair argument of sentencing considers the circumstances favorable on the grounds of appeal, the lower court appears to have determined the sentence within a reasonable scope by fully taking into account all the circumstances regarding the sentencing.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

The defendant's assertion that the sentencing of the court below is unfair shall not be accepted.

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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