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(영문) 대전지방법원 2017.07.19 2017노1213
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant recognized the instant crime and against the Defendant, and the degree of injury of the victim is relatively minor.

The fact that the defendant does not have any criminal record exceeding the fine is the favorable circumstances.

However, the fact that the defendant was unable to agree with the victim, and that the defendant does not seem to have taken measures to recover direct damage (the insurance company to which the victim was a member of the insurance company and the insurance company for the victim received insurance money appears to have agreed on repayment between the defendant and the victim's insurance company by exercising the right to indemnity against the defendant, but it is difficult to evaluate that the defendant has taken measures to recover direct damage against the victim) and that there was a record of being punished by a fine for the same kind of crime around 2013.

In full view of the above circumstances and other sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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