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(영문) 서울중앙지방법원 2015.01.08 2014노3710
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Punishments (fines 10 million won) sentenced by the court below are too unreasonable.

2. Determination is recognized as follows: (a) the Defendant did not have any particular criminal record other than once before and after a fine is imposed; (b) the Defendant did not have any negligence on the part of the victim who was seated on a road at night; (c) the Defendant agreed with the bereaved family members of the victim only smoothly; (d) the Defendant had faithfully paid taxes while running a business in the Republic of Korea for a long time; and (e) the Defendant has a deep-depth tax

However, in full view of not only serious damage caused by the instant crime but also the fact that the Defendant operated a vehicle that did not subscribe to mandatory insurance to cause difficulties in recovering damage on the part of the victim, and did not faithfully perform the payment of agreed money to the side of the victim, the lower court appears to have sentenced to a fine by taking into account such various circumstances as above and the fact that the Defendant’s life basis may be deprived in the event that the Defendant is sentenced to imprisonment, and the circumstances that could change the sentence of the lower court was not presented in the appellate court in favor of the Defendant, and the lower court did not present in the appellate court. In full view of the various circumstances, such as sentencing in similar cases, sentencing, age, character and conduct of the Defendant, and family relationship, the sentence imposed by the lower court is too unreasonable, and thus,

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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