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(영문) 서울중앙지방법원 2018.10.25 2018노1904
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable as the sentence (2 million won penalty) imposed on the defendant is too unreasonable.

2. The judgment recognizes the facts of the crime and is divided, and there is no record of punishment for the same kind of crime, the basic living recipient appears to be economically unsured, and the defendant seems to have difficulty in treating the victims and compensating for damage, etc. are considered favorable to the defendant.

However, the defendant's breach of duty of care, such as making a left turn from the front line of duty, and due to such defendant's mistake, causes a very dangerous situation that the taxi of the victim's driver who was driven by the defendant in accordance with the straight line with the passenger car that the defendant was driven by the defendant's driver and passenger, and two passengers, etc. of the above taxi driver and the defendant's driver's car driving by the traffic accident in the case of this case, not until now they have been used by the victims, and the court below is expected to have determined a punishment by reducing the fine amount of the summary order in consideration of the circumstances favorable to the defendant as mentioned above, such as the defendant's disadvantage and other circumstances, such as the defendant's age, sex, environment, circumstance and result of the crime, and the circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

3. According to the 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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