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(영문) 부산지방법원 2014.08.05 2014노1583
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of KRW 7 million imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s recognition of each of the instant crimes and reflects his mistake, the victim’s negligence without permission has contributed to the occurrence of the instant accident, the Defendant paid KRW 5 million to the victim for the recovery of damage, the Defendant’s payment of KRW 5 million to the victim for the recovery of damage, and the receipt of income contingent loans as university students, and the first offender who had no record of criminal punishment before being charged are acknowledged.

However, each of the crimes of this case is not desirable in light of the circumstance of accident and degree of damage, etc. that the crime of this case was committed by the defendant's negligence in failing to perform his duty of care in front of the vehicle without a motorcycle driver's license, resulting in the injury to the victim B crossing the road on the right side from the left side of the running direction of the defendant's driving to the right side, and caused about seven weeks of injury to the victim. It is also not good that the crime of this case is committed, such as inducing the criminal escape by having the victim undergo an investigation as if the traffic accident occurred on the rear side of the above Oba, as if C had been investigated as if the traffic accident occurred. The victim is the above Obanon-insurance vehicle, and the victim appears to have received medical expenses, etc. from the insurance company to which he joined. The court below seems to have determined the punishment against the defendant by taking account of the above favorable circumstances, and there is no change of circumstances, such as the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, etc.

Therefore, the defendant's assertion is without merit.

3. Thus, the defendant's appeal is without merit.

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