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(영문) 부산지방법원 2013.10.11 2013노2043

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of imprisonment without prison labor for one year, three years of suspended execution, 120 hours of community service order, and 40 hours of order to attend a law-abiding driving lecture, which is too unfasible to the defendant.

2. It is recognized that the degree of damage caused by the instant traffic accident, such as the death of the victim, has significant degree of damage, and it has not yet been agreed with the bereaved family members of the victim, and that the bereaved family members are suffering from the death of the victim.

However, at the time of the instant case, it seems that the victim, who driven on the road of this case, driven on the road of this case, could have been able to see the nearest straight line. The victim's negligence in the instant traffic accident occurred due to the victim's failure to find out the defendant's fault while unloading from the front bank, seems to have caused an accident, the victim's bereaved family members appear to have been compensated for a certain degree of damage, and the defendant also endeavored to recover damage, such as additional deposit of a certain amount in accordance with the civil procedure with the victim's bereaved family members. The defendant recognized the instant crime, recognized the victim's mistake, reflects his mistake, supported the victim's family members, are expected to have economic difficulties at the victim's request of the insurance company, and the defendant's age, environment, family relationship, occupation, circumstance of the instant traffic accident, etc., which had never been subject to any criminal punishment before and after the victim's request for reimbursement from the insurance company, and considering all circumstances such as the defendant's age, age, family relationship, occupation, circumstance of the instant traffic accident, etc.

The prosecutor’s assertion.