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(영문) 서울동부지방법원 2015.06.19 2014노1840
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 3.5 million won) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the judgment of the defendant reflects the defendant's mistake in depth, that the defendant's driver's vehicle is covered by comprehensive insurance, that the victim's negligence exists in the occurrence of the accident and that the defendant seems to take active relief measures.

However, in full view of the following circumstances: (a) the Defendant has a criminal record of having been sentenced one time to a fine due to a violation of the Road Traffic Act (driving) and (b) the Defendant requested a formal trial after having been issued a summary order of KRW 4 million due to the instant crime; and (c) appears to have been reduced in part of the fine in consideration of the circumstances surrounding the occurrence of the accident at the lower court; (d) there was no presentation of the circumstances for changing the sentence of the lower court in the trial; and (e) other various circumstances that are conditions for sentencing, such as the Defendant’s age, occupation, and environment

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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