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(영문) 광주지방법원 2016.09.01 2016노1915
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that of the lower court’s punishment (four months’ imprisonment without prison labor) is too unreasonable.

2. The following facts are favorable to the Defendant.

At the time of the instant traffic accident, the victim was negligent in crossing the road without permission, and such negligence has partly affected the occurrence and expansion of the damage.

The defendant's vehicle can be recovered from damage caused by comprehensive vehicle insurance.

There shall be no history of criminal punishment exceeding a fine.

On the other hand, the following is disadvantageous.

The defendant was negligent and negligent in causing a traffic accident while she illegally gets a central line.

Although the victim suffered serious injury from the 12th century, no agreement was reached, and the defendant did not appear to have a serious degree to the victim and his/her family members, so the victim's family members want to be punished for severe punishment.

In addition, in full view of the circumstances of the instant crime, the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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

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