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(영문) 부산지방법원 2016.09.08 2016노2005
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution of August, 200, 40 hours of attending lectures, and 80 hours of community service order) is too unreasonable.

2. The judgment shows the attitude that the defendant recognized the crime of this case, the vehicle driven by the defendant is admitted to the mutual aid association, the defendant deposited KRW 2 million for the victim, and the defendant was old, and there are circumstances that can be considered in light of the favorable circumstances for the defendant.

However, in light of the following: (a) the instant accident was caused by the Defendant’s negligence that caused the shock of the victim crossings according to the pedestrian signal by running a taxi in violation of the signal, and the Defendant’s negligence is very serious; (b) the victim suffered significant importance; (c) the victim has yet to reach an agreement with the victim; (d) there is no record of criminal punishment for the same kind of crime; (b) there is no change of circumstances that may be considered for sentencing after the decision of the lower court was rendered; and (c) other sentencing conditions specified in the records and arguments, including the character and conduct of the Defendant, environment, the background of the instant accident, and the circumstances after the crime

Therefore, the defendant's assertion is without merit.

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

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