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(영문) 대전지방법원 2016.12.07 2016노1818
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The judgment of the Defendant reflects the instant crime and is recognized as favorable circumstances such as the occurrence of the instant accident during the on-road driving test.

However, in full view of the circumstances such as the fact that the Defendant caused the instant traffic accident by negligence in violation of the Defendant’s signal, and the degree of the Defendant’s breach of duty of care is grave, the occurrence of multiple victims due to the instant traffic accident, and the Defendant was punished for the same kind of crime that caused the traffic accident while driving a cargo vehicle while driving the vehicle, the Defendant’s liability cannot be deemed somewhat

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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