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(영문) 제주지방법원 2015.09.10 2015노206
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three million won by the lower court) is too unreasonable.

2. In the judgment of the court of first instance, it is favorable to the defendant that the victim did not want the punishment against the defendant when the victim reached an agreement with the victim, that the vehicle of the defendant was covered by the comprehensive motor vehicle insurance and paid 14 million won as medical expenses to the victim, and that the defendant has no record of criminal punishment except for the violation of the Road Traffic Act and the violation of the Guarantee of Automobile Accident Compensation Act.

However, in this case, the degree of negligence is significant because the defendant violated the duty to protect pedestrians at the crosswalks. Nevertheless, while recognizing the fact that the defendant met with the victim from the investigation process to the trial process of the first instance court, the defendant sent a sudden appearance to avoid liability, such as claiming that the point used by the victim is out of about 2 meters from the crosswalks, and claiming that the victim is not an accident of the crosswalks. In addition, even if it comes to the trial, it does not seem that the defendant reflects his mistake and repents with the fact that he suffered sufficient economic compensation through the payment of insurance money. Meanwhile, the victim appears to be less than 72 days after receiving hospitalized treatment at the hospital, and the degree of the injury is also deemed to be less than satisfy, and all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, circumstances after committing the crime, etc., it cannot be deemed that the sentence of the court below is too unreasonable.

3. As such, 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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