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(영문) 춘천지방법원 강릉지원 2017.06.01 2017노58
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an order to attend a course of two years and forty hours of suspended execution in June of the imprisonment without prison labor) is too unreasonable.

2. There are favorable circumstances, such as the fact that the defendant recognized the instant crime, the fact that the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, and that the defendant agreed with the victims in the original trial.

However, in full view of the following circumstances: (a) the instant crime committed by the Defendant was committed by breaking the center line on the road where the yellow real line is installed, resulting in a traffic accident; (b) in light of the situation at the time of the accident; (c) the degree of injury suffered by the victims of the instant accident; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime; and (c) other various circumstances that are the conditions for the sentencing specified in the instant case, such as the circumstances after the commission of the crime, the lower court’s punishment cannot be deemed to be excessively unreasonable.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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