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(영문) 수원지방법원 2017.05.17 2016노6352
교통사고처리특례법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The instant accident was caused by the Defendant’s breach of signal, and the fact that the victim was injured by six weeks due to the instant accident is disadvantageous to the Defendant.

However, the fact that the defendant recognizes his mistake and reflects his depth, that is the primary offender, that is the agreement with the victim, etc. are favorable to the defendant.

In addition, considering the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime, etc., the Defendant and the prosecutor’s assertion are without merit, since the lower court’s punishment is too heavy or is not unreasonable because it is too heavy.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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