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(영문) 서울서부지방법원 2014.12.19 2014노1405
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy in the judgment of the court below (two million won of fine).

2. Determination is that there are circumstances that may be considered for the sake of the defendant, such as the fact that the defendant led to the confession of the crime, the injury of the victim is relatively minor, the fact that the defendant subscribed to the comprehensive motor vehicle insurance, the fact that the victim also has a motor vehicle insurance, the fact that the defendant's vehicle has been negligent in viewing that the defendant's motor vehicle passes by side, the health condition and economic situation of the defendant, and the fact that the defendant has a dependent on the defendant, etc.

However, the crime of this case is being driven while the defendant's license was revoked.

In full view of the fact that the victim suffered injury by the accident and the nature of the crime is not somewhat weak, that the defendant has been punished for the crime such as non-licensed driving, drinking driving, and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, including the power of probation, and that there is no change of circumstances that may be particularly considered in the trial, and that there is no change of circumstances that can be considered in the trial, the sentence of the court below against the defendant is appropriate.

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

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