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(영문) 대전지방법원 2014.12.18 2014노1152

교통사고처리특례법위반

Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for six months, suspension of execution for two years, and community service for 120 hours) is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake and reflects his fault; (b) the victim’s negligence walking along the roadway in the occurrence of an accident has contributed to a considerable portion; (c) the Defendant paid the victim’s bereaved family members the amount of KRW 10 million; (d) the bereaved family does not want the Defendant’s punishment; (e) the Defendant’s vehicle was covered by a comprehensive insurance policy; and (e) the Defendant is

However, the accident of this case is driving a vehicle at night by the defendant.

In full view of the following factors: (a) a person who caused the death of a victim by shocking the victim due to occupational negligence, which did not properly examine the previous one; and (b) the liability for such crime is not somewhat weak; and (c) other factors of sentencing, such as Defendant’s age, character and conduct, environment, motive, background, means, consequence, and circumstances before and after the crime, it is not recognized that the sentence of the court below ordering community service by additional disposition is too unreasonable as the suspension of execution of sentence

3. 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 Disposition.