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(영문) 인천지방법원 2014.02.07 2013노3321
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (six months) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized the commission of a crime; (b) the vehicle is subscribed to the mutual aid association; (c) the victim’s bereaved family members are deposited at the original trial; and (d) there is no criminal record exceeding the fine.

However, in full view of the following circumstances: (a) the Defendant’s negligence on the occurrence of the instant accident is not less severe; (b) the result therefrom is too serious; (c) the victim’s bereaved family members did not receive any written indictment yet from the victim; (d) the lower court determined the punishment in consideration of various circumstances as indicated in the reasoning of the judgment; (b) there are no special circumstances or changes in circumstances that may be additionally considered in the trial; and (c) other circumstances that are conditions for the pleadings and the records of the instant case, including the Defendant’s age, character and conduct, and environment, the Defendant’s punishment imposed by

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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