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(영문) 창원지방법원 2017.08.10 2017노1035
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.

2. There are extenuating circumstances, such as the fact that the defendant recognizes and reflects the crime, the fact that the defendant pays the victim a compensation amount of five million won and agrees with the victim, and the situation of the defendant is not sufficient;

However, the Defendant had been sentenced twice to a fine for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents, on two occasions due to drinking or non-licensed driving, and the victim suffered serious injury to 14 weeks due to the instant accident, and the amount of fine for the summary order claimed against the Defendant was KRW 6 million. However, the lower court had already taken account of the Defendant’s circumstances into account, and had no special relation or change of circumstances to be newly considered in the trial, and there are no other various circumstances that form the conditions for sentencing and sentencing as shown in the instant records and arguments, such as the Defendant’s age, environment, sex, criminal conduct, circumstances before and after the commission of the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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