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(영문) 의정부지방법원 2014.11.19 2014노812
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2,000,000 won of fine) is too unreasonable.

2. Determination is recognized based on the following circumstances: (a) the Defendant was the primary offender; (b) the confession of the instant crime; (c) the vehicle driven by the Defendant is covered by the comprehensive motor vehicle insurance; and (d) the victim appears to have paid some insurance

However, the injured part and degree of the victim's injury caused by the crime of this case (around 6 weeks of treatment, etc., the closure frame of the Ethalley Group accompanied by an inner slope), the defendant did not agree with the victim up to the trial, the court below determined the punishment by reducing the amount of fine prescribed by the summary order in consideration of the circumstances already asserted by the defendant at the court below, and taking into account all of the sentencing conditions indicated in the records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, etc., the sentence of the court below is appropriate, and it cannot be deemed unfair since the defendant's above assertion is without merit.

3. Therefore, 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 groundless. It is so decided as per

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