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(영문) 광주지방법원 2013.06.28 2013노788
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (the fine of 700,000 won) is too heavy when taking into account various circumstances against the defendant in light of the summary of the grounds for appeal.

2. At the time of determination, the victim’s negligence entering the intersection is recognized as a major cause for the instant accident.

However, in full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, character and behavior, environment, criminal records, circumstances before and after crimes, etc., it cannot be deemed unfair because the court below's punishment is too unreasonable, since it cannot be deemed that the defendant's argument 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 ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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