(영문) 창원지방법원 2016.09.29 2016노1718 | 리걸엔진

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(영문) 창원지방법원 2016.09.29 2016노1718

도로교통법위반(사고후미조치)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (the imprisonment of eight months, the suspension of the execution of two years, community service hours, 80 hours, and 80 hours in a compliance driving instruction) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The Defendant, at his own negligence, exceeded the scene of the instant traffic accident without taking any measures to cause physical damage, and thus, the nature of the crime is not good. In the case of the crime of the senior group 1192, the total amount of damage is equivalent to KRW 9,357,00,00 in the case of the crime of the senior group 2015 as indicated in the judgment of the court below. The fact that the damaged vehicle is not covered by the automobile insurance and it seems difficult to completely compensate for the damage (the same applies to the case where 4 million won was paid as follows).

On the other hand, the fact that the defendant confessions and reflects the criminal facts, the same criminal records as well as those of the same kind, and the fact that the defendant does not have any criminal records above the suspension of execution, and in the case of the crime 1192 high group of 2015 high group of 2015 high group of the decision of the court below, the victim paid 4 million won to the victim and agreed that the victim

The lower court, including the aforementioned circumstances, determined the punishment by fully taking into account the circumstances surrounding the sentencing of the Defendant, and determined it within the reasonable scope.

In addition, there is no circumstance that can be newly considered in the court room. Therefore, the court below's punishment is too heavy or it is not deemed unfair because it is too heavy.

3. If so, the appeal by the defendant and the prosecutor is without merit. Thus, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

유사 판례

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