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(영문) 서울서부지방법원 2015.11.12 2015노1259
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 million won of fine) is too heavy.

2. The fact that the defendant recognized all of the crimes, agreed with the victim, stopped after the occurrence of the accident, and sent the victim to the hospital, etc., and the fact that only the fact that the defendant was punished four times as a fine for this type of crime is an element for sentencing favorable to the defendant.

However, even though it can be easily confirmed that the defendant was able to pay early attention to the fact that the victim was aged 81 years old, and whether the victim was fully getting out of the age of 81 years may take more time than ordinary times, it is a factor to impose a sentence against the defendant that is disadvantageous to the defendant that the victim suffered an injury requiring eight-day medical treatment by starting the taxi while the victim was getting out of one bridge only, and falling down the victim while the victim was down the only bridge.

In addition, considering the various factors of sentencing prescribed by Article 51 of the Criminal Act, such as character, conduct, degree of damage, etc. of the defendant, the sentence of the court below is too unreasonable.

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

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