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(영문) 인천지방법원 2013.08.14 2013노1209
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of eight million won) is too unreasonable.

2. It is recognized that the judgment defendant reflects the crime, that the damaged vehicle was restored through the mutual aid association affiliated with the victim, and that the victim's bereaved family members and the victim's smooth agreement was reached.

However, in full view of the following circumstances: (a) the occurrence of the instant accident by the Defendant was grossly negligent; (b) the consequences therefrom are very serious; (c) the criminal committed during the repeated crime period; (d) the lower court has determined the punishment by taking into account all favorable circumstances of the Defendant; and (e) there are no special circumstances or changes in circumstances that may be additionally considered in the trial; and (e) other circumstances that are conditions for the pleadings and the sentencing indicated in the records of the instant case, including the Defendant’s age, character and behavior, environment, criminal record, etc., the Defendant’s argument cannot be accepted

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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