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(영문) 대전지방법원 2016.05.11 2015노2669
도로교통법위반(사고후미조치)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. The damage caused by the instant traffic accident is deemed to have been partly restored to the mutual aid association which was admitted to the Defendant’s vehicle, the circumstances favorable to the Defendant are recognized, such as the fact that the Defendant was fully aware of the instant crime, that there was no record of punishment for the same type of crime, and that the vehicle was disposed of.

However, the Defendant, while making a cell phone call while driving, caused the instant traffic accident, which is highly likely to be criticized in light of the circumstances of the crime, and an additional accident has occurred on the vehicle that was driven after the said accident and on the vehicle that was driven in the opposite part.

Comprehensively taking account of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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