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(영문) 인천지방법원 2018.04.25 2018노708
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (4 months of imprisonment) is too unreasonable.

2. We examine the judgment, and consider various sentencing conditions as shown in the records and arguments of this case, even if considering the circumstances asserted by the Defendant on the grounds of appeal, the sentence of the court below is too unreasonable.

On the other hand, on April 11, 2018, after the appeal was not timely filed, the defendant's defense counsel was negligent on the part of the defendant on the ground that "the accident of this case occurred in on-and-off circumstances such as yellow, etc." on the first trial date.

However, considering the evidence duly adopted and examined by the court below, the defendant neglected his duty of temporary suspension prior to entry into the intersection by the intersection where yellow on-and-off signal is installed, and thereby the accident of this case occurred, the above assertion is without merit. Thus, the above assertion is without merit.

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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