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(영문) 서울서부지방법원 2018.02.08 2017노1501
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the occurrence of the instant traffic accident, the Defendant’s negligence and objective attribution between the Defendant’s negligence and the instant traffic accident were not denied or considerable relation to the victim’s negligence, rather than the Defendant’s negligence, and the victim’s negligence was much more serious than the Defendant’s negligence. As such, the lower court found the Defendant guilty of the instant charges by misunderstanding

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the victim was injured by taking the motor device bicycle driven by by by the bypassing negligence in violation of the signal, and the victim was also negligent in the occurrence of the traffic accident in domestic affairs.

Even if such circumstance can only be the reason for considering the amount of punishment, and thus, the defendant's assertion of mistake is without merit.

B. In full view of various sentencing conditions shown in the argument of this case, including the fact that the defendant denied the crime of this case and did not reflect his mistake, the criminal records of the same kind, and the defendant's age, sexual conduct, environment, the process and result of the crime of this case, the circumstances after the crime, etc., the court below's punishment is too unreasonable, and thus, the defendant's improper assertion of sentencing is not justified.

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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