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(영문) 의정부지방법원 2013.05.23 2013노154

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

2. Even when considering the circumstances such as the fact that the Defendant did not have any particular criminal record, the Defendant’s negligence in relation to the instant traffic accident did not focus on the victim’s bereaved family members, the Defendant’s agreement was reached smoothly with the victim, and the Defendant divided his fault, the result of the instant traffic accident is very serious in the victim’s death, the sentencing ground alleged by the Defendant appears to have already been fully reflected in the lower court, and all the sentencing conditions indicated in the records of the instant case, such as the circumstances leading to the Defendant’s crime, the Defendant’s age, character and behavior, family environment, etc., and the circumstances after the crime, etc., it cannot be deemed that the sentence of the lower court against the Defendant is too unreasonable.

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