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(영문) 창원지방법원 2017.12.21 2017노2620
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment without prison labor for six months and the suspension of execution for two years) is too unreasonable.

2. There are extenuating circumstances such as: (a) the fact that the accused recognizes the crime and reflects the victim C; (b) the victim C’s injury is not much excessive; (c) the vehicle driven by the Defendant is covered by comprehensive insurance and thus, the personal and material damage appears to have been most recovered; (d) the Defendant is the primary offender who has no history of punishment; and (e) the Defendant supports two minor children due to negligence.

However, in full view of various circumstances, including the Defendant’s age, environment, sex behavior, circumstances before and after the commission of the crime, etc., the sentence of the lower court is too unreasonable, and thus, it is not recognized that the sentence imposed by the lower court is too unreasonable, in light of the following circumstances: (a) the victim E caused a traffic accident without temporarily stopping at the intersection due to the Defendant’s neglect of duty to drive safety; (b) the victim E, the victim E, the victim F, the victim F, while taking 7 weeks of caution, such as the crym of cage cagesymosis, etc.; (c) the damaged vehicle was considerably damaged; (d) the victim’s vehicle did not reach an agreement with the victims; and (e) other circumstances,

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (6) of the Criminal Procedure Act. It is so decided as per Disposition.

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