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(영문) 대구지방법원 2015.02.05 2014노2768
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for August, the suspension of execution for two years, and community service for 120 hours) that the court below made is too unreasonable.

2. The judgment of the defendant reflects the error of crime in depth, the victim's negligence was also the cause of the accident, and the defendant's vehicle is covered by the comprehensive insurance.

It seems that the defendant raises three children and is also supported by a person with a three-class mental retardation.

However, the crime of this case is highly likely to result in serious injury to the victim who was crossing the road due to negligence while driving the cargo while neglecting the duty of the front-way driver while driving the cargo while getting off the road.

Although the victim was hospitalized for about nine months from April 23, 2013 to January 18, 2014 due to the instant accident, the victim was unable to reach an agreement with the victim up to the trial.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

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

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