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(영문) 서울중앙지방법원 2017.10.20 2017노2772
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable because the sentence (2 million won penalty) imposed by the court below on the defendant is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the Defendant appears to have led to the confession of the instant crime and against the mistake; and (b) the fact that the taxi driven by the Defendant appears to have been able to recover the damage of the victim due to having subscribed to mutual aid agreements

However, the sentencing of the court below seems to have been determined by fully considering these favorable circumstances, and there are no special circumstances or changes in circumstances that may newly consider the sentencing in the appellate court.

In the instant accident, the injury suffered by the victim is less than three weeks due to the structural cutting that requires treatment for four weeks, etc.

shall not be deemed to exist.

Although the Defendant asserts that the fault of the victim should be reflected in the sentencing, there is negligence to the extent that the sentencing of the lower court is unfair for the victim in this case where the victim scamed on the crosswalk on which a yellow flickering signal is installed.

shall not be effective.

In full view of such circumstances and other circumstances as the Defendant’s age, sexual conduct, environment, motive, means, consequence, and circumstances after the commission of the crime, and all of the sentencing conditions indicated in the instant records and theories on changes, the sentence imposed by the lower court is too large and goes beyond the scope of reasonable discretion, even considering all the circumstances alleged by the Defendant.

subsection (b) of this section.

Therefore, the defendant's assertion is not accepted.

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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