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(영문) 창원지방법원 2016.08.25 2016노1450
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment without prison labor and 1 year of suspended execution) is too unreasonable.

2. The judgment is favorable to the defendant that the defendant led to confession of facts constituting an offense, and reflects the fact that the vehicle operated by the defendant is covered by a comprehensive motor vehicle insurance, and that the defendant agreed with the victim only smoothly, and that the defendant was sentenced to a fine of KRW 500,000 for a 200 and that there was no other criminal history.

However, while the instant traffic accident was driven by the Defendant driving along a two-lane road, the Defendant’s negligence was not small. The Defendant’s injury caused by the instant traffic accident is considerably heavy due to the 12th century’s alley, etc., and there is no special change in the trial, and the Defendant’s age, environment, sexual conduct, motive for committing the crime, and circumstances before and after committing the crime, etc., the Defendant’s punishment is too excessive and unfair. In full view of the various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing the crime, and circumstances before and after committing the crime, etc., the Defendant’s punishment cannot be deemed unfair.

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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