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(영문) 대구지방법원 2021.02.02 2020노1435
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (the imprisonment without prison labor for eight months, the suspension of the execution of two years, community service, and the order to attend lectures) is too unreasonable.

2. The lower court rendered a sentence against the Defendant by comprehensively taking into account the circumstances favorable to the Defendant (such as the fact that the Defendant’s mistake is divided into his own mistake and that there is no criminal history of the same kind of crime) and unfavorable circumstances (the Defendant, while proceeding in violation of the signal, caused the instant accident to the victim, thereby causing significant injury to the victim, the Defendant was subscribed to liability insurance for the accident, and the Defendant did not reach an agreement with the victim).

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, motive, background, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., the Defendant hired the company and was responsible for his family’s livelihood, etc., even when considering the circumstances alleged in the Defendant’s trial, the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

It does not appear.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

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