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(영문) 의정부지방법원 2015.11.17 2015노2022
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for six months, suspension of execution for two years, suspension of compliance driving for 40 hours, community service for 80 hours) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant’s act, that the Defendant’s driving vehicle is a member of the Mutual Aid Association, and that the lower court deposited KRW 500,000 for the victim.

B. However, the Defendant, while proceeding in violation of the signal, shocked the victim of the crosswalk as a bus in line with the pedestrian signals. In full view of the following circumstances: (a) the degree of violation of the duty of care was significant; (b) the degree of the victim’s injury was considerably significant; (c) the victim was unable to agree with the victim up to the core; (d) the Defendant was suspended twice as a result of the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; (b) the Defendant was sentenced twice as a fine due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; and (c) the Defendant’s age, circumstances leading to the crime; and (d) the circumstances favorable to the Defendant, even if considering the above circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable.

C. Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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