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(영문) 창원지방법원 2015.08.06 2015노1070
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (1.5 million won of fine) is too unreasonable.

2. The judgment of the court below is recognized that the defendant's mistake is against the wrong act while committing the crime, there is no criminal records of the same kind. The crime of this case is concurrent crimes between the final judgment and the latter part of Article 37 of the Criminal Act, and the punishment should be imposed in consideration of equity and the case of concurrent crimes under Article 39 (1) of the Criminal Act. However, even though the defendant has to be judged at the same time, the defendant caused an accident by neglecting his duty of care to accurately operate the steering and steering devices while driving vehicles not covered by mandatory insurance, and safely regulate speed in advance, thereby causing an injury to the victims. The case is not easy, the case is not agreed with the victims, the court below did not have any special circumstance that the court determined the punishment in consideration of all the circumstances, and there is no special change in the trial court, and the defendant's age, environment, personality and behavior, motive and behavior caused by the crime of this case, and circumstances before and after the crime of this case are considered to be unfair.

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

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