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(영문) 광주지방법원 2015.06.25 2014노2831
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (one year of suspended sentence for four months of imprisonment without prison labor) is too unreasonable.

Judgment

The fact that the defendant is against the defendant, the vehicle of the defendant is covered by a comprehensive insurance, the fact that the defendant agreed with the victim only smoothly, the fact that the victim's fault who crossed without permission seems to have caused the occurrence of the traffic accident of this case, and the fact that the health of the defendant is not good, etc. are favorable factors for sentencing.

However, considering the following factors: (a) the Defendant’s previous conviction for the same kind of crime; and (b) the victim’s degree of injury is not less than that of the Defendant; and (c) the various sentencing data shown in the pleadings, such as the circumstances after the instant crime; (d) the Defendant’s age, character and conduct; and (e) the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (the scope of mitigation area of ordinary traffic accident type 1: the Defendant’s imprisonment without prison labor from January to June), etc., the lower court’s punishment is too unreasonable; and

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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