logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.12.20 2018노172
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable as the punishment (amounting to 500,000 won) imposed on the defendant is too unreasonable.

2. The judgment that the defendant recognized the facts of the crime and divided the facts of the crime, and it seems that the driver of the two-wheeled vehicle who the defendant was driving due to the traffic accident in this case is the case, and the degree of injury is not much serious. The crime in this case is one of the concurrent crimes with the first head of the judgment below which became final and conclusive, and it is necessary to determine punishment in consideration of equity in the case where the judgment is to be rendered at the same time.

However, the defendant's act of driving in the opposite direction to the one-way passage, and the degree of violation of the duty of care is not weak, the defendant did not agree with the victim, and took measures to recover the damage.

In light of the fact that there is no evidence to view, there is a history of criminal punishment or juvenile protective disposition for various traffic-related crimes in the past, and the fact that the court below seems to have determined the punishment by reducing the fine amount of the summary order by taking account of the circumstances favorable to the defendant as seen earlier, and other various circumstances that are conditions for sentencing specified in the records and arguments of this case, such as the defendant's age, sex, environment, circumstances and result of the crime, the circumstances after the crime, etc., the court below's punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

arrow