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(영문) 의정부지방법원 2015.05.20 2014노2525
교통사고처리특례법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (ten months of imprisonment without prison labor, two years of suspended execution, and 80 hours of order to attend a course) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the Defendant committed the instant crime because it has long been punished for the same kind of crime in 2014, and the Defendant committed the instant crime again, and the degree of breach of the Defendant’s duty of care as a central line intrusion, and the Defendant did not agree with the victim even though the victim suffered serious injury, is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflected, the fact that the medical expenses, etc. are deemed to have been partially paid to the victim through the insurance that the defendant joined, and that the defendant deposited an additional amount of five million won for the victim in the trial is favorable to the defendant.

In addition to the above circumstances, comprehensively taking into account all the sentencing conditions including the background of the instant crime, the result of the instant crime, the circumstances after the commission of the crime, and the scope of the recommended sentencing guidelines of the Supreme Court (traffic crime group, general traffic accident, Type 1 (accident of traffic accident), basic area, and April - 10), the lower court’s punishment is within an appropriate scope, and it is difficult to deem that it is unreasonable or unreasonable because it is hot or unbrupted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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