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(영문) 의정부지방법원 2015.01.16 2014노1933
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence (two years of suspended execution in August, community service hours, and forty hours of compliance driving class) that the court below rendered is too unreasonable.

2. There are circumstances such as the Defendant’s confession of the instant accident, and the fact that the lower court agreed with the bereaved family members of the victim, and the Defendant was the first offender who had no record of criminal punishment.

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, environment, occupation, circumstances leading to the instant crime, and circumstances after the commission of the crime, it is deemed that the sentence of the lower court is too unreasonable, considering that the Defendant’s failure to comply with the signal and to exercise the duty of care on the crosswalk appears to have caused the instant accident, and that the degree of injury the elderly victim suffered from the instant accident appears to have considerably significant.

Therefore, 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 ground that it is without merit. It is so decided as per Disposition.

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