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(영문) 서울중앙지방법원 2016.03.24 2015노4590
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence (one million won in penalty) pronounced by the lower court is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant is aged, that the court below denied the crime in the court of appeal, and that the court of appeal recognizes his mistake, and that there is no special criminal record, etc.

However, the instant accident was caused by the Defendant’s mistake because the Defendant took a right-hand turn on the left-hand side of the victim’s driver’s vehicle, which was driven on a normal lane, and was caused by the Defendant’s fault. Although the victim moveded a vehicle to the extent that it is not necessary to take measures immediately after the accident, the Defendant committed the instant crime, taking full account of the following circumstances, including the Defendant’s age, sexual behavior, environment, motive for committing the crime, and circumstances after committing the crime, etc., the lower court’s punishment cannot be deemed unfair even if considering the favorable circumstances favorable to the Defendant, even if it is considered that the Defendant’s punishment is too excessive.

Defendant’s assertion is without merit.

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

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