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(영문) 대전지방법원 2013.09.05 2013노741

교통사고처리특례법위반등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. We examine the grounds for appeal by the defendant and the prosecutor.

The following facts are favorable to the defendant: (a) the confession and reflect of each of the crimes of this case; (b) there is no record of criminal punishment in Korea; (c) the agreement with the victim D; (d) the vehicle of the defendant is covered by a comprehensive insurance policy; and (e) deposit KRW 5 million for the bereaved family of the victim network E at the time of the trial; and (e) the accident of this case is favorable to the defendant. Meanwhile, the accident of this case was driven under the influence of alcohol content 0.087%, while the defendant driven under the influence of alcohol content on the road; (c) the victim E, who was on the right side of the road, was killed due to the shock of the diverse, and the degree and consequence of the violation of the duty of care; and (d) the fact that the victim network E and his bereaved family members were unable to reach the trial. Upon full examination of all of these circumstances and other sentencing conditions such as the defendant’s age, character and conduct, and circumstances after the crime, etc., the defendant and the prosecutor’s allegation is unreasonable.

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