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(영문) 서울동부지방법원 2015.09.24 2015노866
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 1.5 million won) pronounced by the lower court is excessively unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant led to the confession and reflect of the instant crime, the fact that the Defendant was in an economically difficult position, the fact that the taxi that the Defendant driven was admitted to the National taxi Financial Cooperative and the victims, and the fact that the compensation has been completed.

On the other hand, the defendant has been punished several times due to the crime of violation of the Road Traffic Act, and the crime of this case is caused by the defendant's intrusion on the safety zone, and the two victims suffered relatively heavy injuries that require medical treatment for each of three weeks, and the liability for the crime is not less strict. Considering the above circumstances and other factors, taking into account all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

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

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