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(영문) 수원지방법원 2019.02.13 2018노7436
교통사고처리특례법위반(치상)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the Defendant is too unreasonable because the sentence of the lower court (eight months without prison labor) is too unreasonable, and the prosecutor asserts that the lower court’s punishment is too uneasible and unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized his/her mistake and made efforts to recover damage, (b) the fact that there is no penalty record exceeding the fine, and (c) the fact that there seems to be obvious social ties, such as there are family members and employees to support.

On the other hand, the crime of this case is disadvantageous to the defendant, in light of the background of the accident, the degree of negligence, the damage, etc., and the victim did not agree with the victim, and the victim complained of the severe punishment while complaining of the suffering.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, and circumstances before and after the commission of the crime, it is difficult to deem that the lower court’s punishment is too heavy or unreasonable, considering the following circumstances, even if there is no change in circumstances that may be assessed differently from the sentencing conditions of the lower court.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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