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(영문) 대전지방법원 2015.05.29 2014노3745
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the confession of a crime and the victim’s consent that the victim does not want the punishment of the defendant, and that the defendant does not have to be subject to the previous conviction and sentence.

B. On the other hand, the crime of this case is very heavy for the crime of this case to inflict an injury on the victim, who is a pedestrian with a pedestrian passing along the crosswalk, such as the alley of 16 weeks of treatment.

In addition, considering all sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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