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(영문) 광주지방법원 2016.07.14 2016노1015
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.

2. At the time of the instant accident, at the time of the accident, the injured party was negligent in crossing the cresh of a vehicle parked on a crosswalk in the vicinity, and the victim’s negligence seems to have a considerable impact on the occurrence of the accident and the expansion of damage is the circumstances favorable to the Defendant.

On the other hand, the following is disadvantageous.

Victims suffered serious injuries.

Since the defendant's vehicle is not covered by mandatory insurance, damage recovery was almost not achieved, and there was no agreement with the victim.

The defendant has a record of criminal punishment on five occasions, including two times of suspended execution for traffic-related crimes.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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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