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(영문) 전주지방법원 2016.09.02 2016노616
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for six months and two years of suspended execution) of the lower court is too unreasonable;

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) there was no past history of criminal punishment heavier than the fine; and (c) the fact that the victim does not want the punishment of the Defendant by mutual consent with the victim.

On the other hand, the crime of this case was committed by the defendant while driving a vehicle, resulting in a traffic accident, resulting in the victim's bodily injury, such as blood transfusion in the two traumas requiring medical treatment for about 12 weeks, and the nature of the crime is not weak. The degree of injury suffered by the victim due to the traffic accident of this case is serious, and the traffic accident of this case was committed in violation of the duty of pedestrian protection in the crosswalk, and the degree of negligence of the defendant is more severe than that of the defendant.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, 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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