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(영문) 부산지방법원 2013.10.11 2013노2039
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of two years of suspended execution and 40 hours of order to attend a law-abiding lecture is too unreasonable in August of the court below sentenced to the defendant.

2. Determination is recognized that the Defendant recognized the instant crime and reflects the fact that the Defendant committed the instant traffic accident, the occurrence of the instant traffic accident caused the victim’s negligence crossing the road without permission, and the Maritime Vehicle is admitted to the taxi mutual aid association, and the Defendant has no specific power except that prior to being sentenced to a fine once for the same kind of crime.

However, the crime of this case was committed by the defendant against the victim crossing the road in the children's protection zone by shocking him/her with the vehicle and causing injury, and the child's age, environment, family relationship, occupation, circumstance of the traffic accident of this case, etc. is insufficient to judge their ability and ability, and it is hard to consider whether it is dangerous or not to do so. Thus, in light of the fact that the driver as a driver has to pay a higher attention than ordinary attention to adults, he/she is not at fault of the defendant in the occurrence of the traffic accident of this case, and there is no agreement with the victim and his/her legal representative, and there is no specific damage recovery except for the deduction of medical expenses in the taxi mutual aid association to which the vehicle belongs after the issuance of the judgment of the court below. In full view of all other circumstances, the sentence of the court below is not unfair by taking into account the following circumstances: the defendant's age, environment, family relation, occupation, circumstance of the traffic accident of this case, and circumstances after the crime.

Defendant’s assertion is without merit.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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