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(영문) 부산지방법원 2016.09.08 2016노1292
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (two years of the suspended execution of August and forty hours of community service order) is too unreasonable.

2. The judgment shows the attitude that the defendant recognized the crime of this case, the vehicle driven by the defendant is admitted to the mutual aid association, the defendant deposited KRW 2 million for the victim, and the defendant was old, and there are circumstances that can be considered in light of the favorable circumstances for the defendant.

However, the instant accident was caused by the Defendant’s negligence because the Defendant’s operation of a taxi in violation of the signal and caused significant damage to the victim crossinging the crosswalk according to the pedestrian signal, the victim suffered significant importance, the fact that the victim has not yet reached an agreement with the victim, the criminal records of criminal punishment for the same type of crime have not yet reached, and there was another accident caused by the same type of occupational negligence before about 10 days prior to the date of the instant accident, which again caused the instant accident by the same negligence. In light of the following facts: (a) there is no change of circumstances that may be considered in sentencing after the pronouncement of the judgment by the lower court; and (b) there is no other change of circumstances that are likely to consider in sentencing; and (c) all the sentencing conditions indicated in the records and arguments of the instant case, such as the Defendant’s character and character, environment, the background of the instant accident, and

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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