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(영문) 서울중앙지방법원 2018.01.19 2017노3917
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence (4 million won in penalty) declared by the court below is too unreasonable.

2. The judgment appears to have the attitude of the Defendant to make a confession of the instant crime and to reflect the mistake thereof, the fact that the Defendant agreed to pay all the victims the amount of two million won agreed in the criminal conciliation procedure, and that the Defendant is aged aged in 1940 and the economic situation seems not good, etc. are favorable to the Defendant.

However, the sentencing of the court below seems to have been determined by fully considering these favorable circumstances, and there are no special circumstances or changes in circumstances that may newly consider the sentencing in the appellate court.

In particular, it is serious that the defendant's act of shocking the victims of crosswalks in violation of the signal is serious.

Even in 2016, the defendant has been punished by causing a similar traffic accident.

The injury suffered by the victims due to the accident of this case is not less than 6 weeks and 2 weeks respectively, and they need medical treatment.

In full view of such circumstances and other circumstances as the Defendant’s age, sexual conduct, environment, motive, means, consequence, and circumstances after the commission of the crime, and all of the sentencing conditions indicated in the instant records and theories on changes, the sentence imposed by the lower court is too large and goes beyond the scope of reasonable discretion, even considering all the circumstances alleged by the Defendant.

subsection (b) of this section.

Therefore, the defendant's assertion is not accepted.

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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