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(영문) 춘천지방법원 강릉지원 2016.04.21 2016노50
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (in 6 months) is too unreasonable.

2. The judgment that the defendant recognized all of the crimes of this case and reflected, the accident vehicle of this case was relatively more likely to undermine the operation function as a deteriorated vehicle than other vehicles. The accident vehicle of this case was subscribed to mutual aid and the victims paid a certain amount of money in the name of medical expenses from the mutual aid association, and the defendant has no record of being punished for the same crime except for one-time fine prior to the first fine.

However, until the point of the accident in this case, there were four traffic safety signs stating "emergency facilities", and the defendant, who had many talks that the point of the accident in this case is dangerous, could have sufficiently known that the location of the accident in this case should drive safely with due care. The victims of the accident in this case are very heavy, but the defendant did not make any effort to reach an agreement with the victims, even though he did not endeavor to do so, in light of the circumstances unfavorable to the defendant, such as the situation that the defendant's age, sex behavior, environment, motive, means and consequence of the crime in this case, and circumstances after the crime, etc., such as the defendant's punishment are strongly sought, it cannot be said that the punishment imposed by the court below is unfair because it is too excessive, considering the above circumstances.

Defendant’s assertion is without merit.

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

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