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(영문) 대전지방법원 2014.08.12 2014노319
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for four months, the suspension of the execution of two years, the probation, the community service, and the order to attend a law-abiding lecture for 40 hours) that the court below sentenced is unreasonable.

2. The judgment of the defendant agreed with the victim E, and the victim C expressed his intention not to punish the defendant. However, the accident of this case occurred due to negligence committed by the defendant who committed the central line for the purpose of oiling, and the victims suffered serious injury in need of medical treatment for 6 weeks and 12 weeks since the defendant's vehicle was shocked by the central line without any negligence. The court below sentenced the suspension of execution to the defendant, taking into account various circumstances favorable to the defendant, and it seems that the time for the defendant to attend the community service and compliance driving course is appropriate, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character, character, environment, motive, means and consequence of the crime, circumstance before and after the crime, etc., the defendant's allegation of unfair sentencing is without merit, and it is not considered unfair since the sentence imposed by the court below is too unreasonable.

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

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