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(영문) 청주지방법원 2015.09.24 2015노727
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that of the lower court’s punishment (five months’ imprisonment without prison labor) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant had no record of criminal punishment prior to the instant case.

Since the road in which the accident in this case occurred is located adjacent to the logistics warehouse in the factory, and the passage of construction machinery is frequent, it is also deemed that the failure of the victim to pay necessary attention has contributed to the part of the accident even though the victim exercised due diligence.

The defendant was driving a vehicle owned by his working company, and the accident of this case occurred, but the operator did not have to recover the damage to the victim because the company was not taking out liability insurance, etc.

The defendant supports his wife and his two daughters.

However, there are the following disadvantageous circumstances for the defendant.

The road in which the accident in this case occurred is a road used by the vehicle and the pedestrian together, and the defendant became an accident in this case due to the negligence that does not discover the victim who is on the left side of the road.

The degree of injury of the victim is very serious.

The defendant has not made full efforts to recover damage until now, and the family members of the victim and the victim seem to have suffered physical, psychological, and economic pain.

In addition, considering the Defendant’s age, character and conduct, motive and background of the offense, means and consequence, circumstances after the offense, crime records, and all of the sentencing conditions indicated in the instant arguments and records, the lower court’s punishment is too unreasonable.

Defendant’s assertion is without merit.

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

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