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(영문) 대전지방법원 2014.04.23 2013노2369
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., punishment of a fine of five million won) sentenced by the court below is too unreasonable.

Judgment

The following circumstances are favorable: (a) the Defendant reflects his mistake; (b) the Defendant contributed to the fault of the victim in the occurrence of the instant accident; (c) the Defendant was a primary offender; (d) the Defendant was a student who has no economic ability to pay a fine; (c) the Victim deposited KRW 10 million with the instant vehicle; (d) the comprehensive insurance was subscribed to on the instant vehicle; but (e) the comprehensive insurance was not subject to the age limitation special agreement.

However, the crime of this case was committed in full view of the following circumstances: (a) as a result of the Defendant’s negligence of driving a vehicle in violation of his duty of care, the Defendant suffered from the scambling of the body body 14 weeks, and (b) the victim, who was the same student, was not less vulnerable to the damage incurred by the accident of this case; (c) the victim did not agree with the victim; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (e) the circumstances before and after the instant crime, etc., which are the conditions for the sentencing of this case as indicated in the records, it is not deemed that the sentence of the lower court determined

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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