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(영문) 전주지방법원 2015.08.28 2015노616

교통사고처리특례법위반

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence of the lower court (fine 10 million won) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The crime of this case committed by the Defendant, while driving a road on which a crosswalk is installed, due to neglecting his duty of front-time care, resulting in the death by shocking the victim who dried a bicycle on the crosswalk, and thus, it is necessary to strictly punish the Defendant due to the heavy nature of the crime.

On the other hand, however, the defendant led to the confession of the crime of this case and the mistake against the victim, the victim seems to have contributed to the occurrence of the accident, the defendant's negligence seems to have been partly contributed to the victim's bereaved family members and the victim's bereaved family members, the defendant's vehicle is covered by comprehensive insurance, and the defendant's vehicle is not sentenced to a fine in violation of the Automobile Management Act in 2002, and there are no other criminal records except for the defendant's punishment. Considering all of the above circumstances and other sentencing conditions specified in the argument of this case, such as the defendant's age, character and behavior, home environment, the court below's punishment is too harsh or unreasonable. Thus, the prosecutor and the defendant's assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.