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(영문) 광주지방법원 2020.09.08 2020노1400
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of imprisonment without prison labor) of the lower court is too unreasonable.

2. The judgment that the defendant recognized the crime of this case, there was no previous conviction exceeding the fine of the defendant, and there was no previous conviction for about 20 years after 197, and most physical damage caused by the traffic accident of this case were recovered from the deduction that the defendant was subscribed to. However, the express bus can bring about a fatal result among many passengers aboard the bus in case of an accident due to its size, weight, and operation, as well as other vehicles operating on the road in case of an accident. Thus, even though the vehicle should be driven with more attention than ordinary drivers, the defendant is a driver of an express bus between urban areas and driving the bus, which is highly likely to criticize the crime, and the degree of the victim C's injury seems to be considerably serious, and no criminal agreement has been reached.

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act in the provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Article 3(1), Article 4(1)2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents are applicable.

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