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(영문) 의정부지방법원 2014.06.11 2013노1680
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2,000,000 won of fine) is too unreasonable.

2. Determination is recognized as follows: (a) the Defendant did not have the record of being punished for the same offense in addition to the punishment of a fine once in around 1996 for the same offense; (b) the Defendant led to the instant offense; and (c) the Defendant’s vehicle was admitted to the Korea Passenger Transport Business Association Mutual Aid Association and paid the victim the insurance money equivalent to the medical expenses.

However, the Defendant was sentenced to four times of a fine due to the violation of the Road Traffic Act due to drinking or unlicensed driving, and had the record of being sentenced to ten times of punishment due to the crime of this case. The victim's injury level and degree (the injury, such as elbing elbs, etc. that require eight weeks of treatment) due to the crime of this case was serious, and the victim did not agree with the victim up to the trial, and it seems that the above injury could not result in a post-treatment to the victim. In addition, considering the Defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, the Defendant's punishment imposed by the lower court cannot be deemed to be unreasonable, and the Defendant's above assertion is without merit.

3. Therefore, 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 groundless. It is so decided as per

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