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(영문) 창원지방법원 2017.04.13 2016노2961
교통사고처리특례법위반(치상)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. However, the circumstances favorable to the Defendant are that the Defendant recognized the instant crime and reflected, and that the Defendant agreed to pay the victim D a sum of KRW 16 million with the agreed amount.

On the other hand, the defendant has been punished five times due to the violation of the Road Traffic Act, including drinking, and the victim D suffered serious disability after the accident in this case (for this reason, the victim submitted a written application to the effect that he would again punish the defendant after agreement with the defendant) is disadvantageous to the defendant.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, it is not determined that the sentence imposed by the lower court is too heavy or unreasonable because it is too low.

3. As such, the appeal filed by the defendant and the prosecutor is without merit. Thus, 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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