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(영문) 광주지방법원 2015.07.07 2014노2254
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (six months of imprisonment without prison labor, two years of suspended execution, and forty hours of participation in the compliance driving lecture) is too unreasonable.

Judgment

In light of the following circumstances: (a) the Defendant paid damages to the victim and agreed at the lower court; (b) there was no record of punishment for the same kind of crime; (c) the Defendant’s vehicle was subscribed to a comprehensive insurance policy; and (d) the instant accident conflicts with other vehicles while making a left-hand turn over the center of the road for overtaking the front vehicle at the intersection of the first line road; (b) the Defendant’s fault on the occurrence of the accident is serious; and (c) the instant accident is causing serious injury, such as psychotropic damage, etc. which requires 14 weeks of treatment; and (d) the Defendant’s age, character and behavior, environment, and all of the sentencing conditions on the instant records, as well as the scope of the recommended sentencing guidelines (the date from April to October), it cannot be deemed that the lower court’

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.

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