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(영문) 대전지방법원 2016.07.20 2016노358
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. After the instant traffic accident, the following circumstances are acknowledged: (a) the Defendant, after the instant accident, was immediately faced with the victim; (b) the Defendant’s insurance proceeds of comprehensive insurance purchased from the Defendant’s vehicle; and (c) the Defendant was the first offender.

However, the instant traffic accident caused by the Defendant’s fault in the center line, which has a large degree of violation of the Defendant’s duty of care, and the victim suffered a heavy injury, and thus cannot be deemed to be lightly liable for the Defendant’s liability.

In full view of the above circumstances and the fact that there are no special circumstances that the court below and the punishment are different from the sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, environment, motive, means and consequence, after the crime, etc., considering the fact that the defendant was committed in the appellate trial and the whole time of the crime of this case, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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