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(영문) 창원지방법원 2016.05.26 2016노606
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment without prison labor and 1 year of suspended execution) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant made a confession of criminal facts; and (b) the fact that the Defendant purchased an automobile comprehensive insurance policy and agreed with the victim when it was in the first instance.

However, in full view of all other circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, circumstances before and after committing a crime, etc., the lower court’s punishment is too large and is not deemed to be unfair, in so doing, considering the following circumstances: (a) the Defendant inflicted an injury on the victim due to negligence committed at the center of the left and left-hand turn; (b) the degree of such injury was very serious as about 12 weeks; and (c) the Defendant’s age, environment, sex, motive

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

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