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(영문) 대구지방법원 2015.09.03 2014노4138
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won of fine) is too unreasonable.

2. Determination of the Defendant is going against the Defendant’s depth to commit the instant crime and not repeating the instant crime. It appears that a sea-going vehicle is affiliated with the Mutual Aid Association to recover from damage to a certain degree, and the occurrence of the instant accident seems to have caused another illegally parked vehicle.

However, the crime of this case was committed by the defendant while driving a vehicle, and the victim with a crosswalkd due to occupational negligence, resulting in injury to the victim, such as a thring in need of approximately eight weeks of medical treatment, and the nature of the crime is not weak.

Until the trial, agreement with the victim was not reached.

In addition, considering various sentencing conditions shown in the records and pleadings, such as the Defendant’s age, character, conduct, environment, economic situation, etc., even if considering the circumstances of the instant accident, the lower court’s sentence is too unreasonable.

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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