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(영문) 창원지방법원 2013.09.26 2013노1123

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) in light of the following: (b) the Defendant, while driving a vehicle on the road at a one-lane road where the snow drops off, neglected to pay attention, received the victim D and E who was walking along, and inflicted injury on the victim D and E, resulting in the death of the victim E; and (c) the Defendant did not constitute a driver subject to the above vehicle comprehensive insurance; (d) the Defendant did not constitute a driver subject to the above vehicle comprehensive insurance; and (e) the Defendant did not have reached an agreement with the victim D and E’s bereaved family members, the sentence (two years of suspended execution per year) imposed by the lower court is unreasonable and unjust.

2. Taking into account the aforementioned circumstances asserted by the Prosecutor, the road situation caused by the brupt snow that was taken place on the day of the instant case was also the cause of an accident. The Defendant was the first offender with no criminal power, the Defendant was in profoundly against the Defendant’s mistake, and the Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”) paid KRW 91,107,200 to the bereaved family members of the victim E. The Defendant paid KRW 91,107,200 to the Defendant’s bereaved family members. The Defendant’s comprehensive automobile insurance, the owner of the Defendant’s driver’s car, was paid KRW 34,418,750 to the Defendant’s Samsung Fire at his own expense and the Defendant’s personal expense, and the comprehensive automobile insurance, the owner of the Defendant’s driver’s car, paid KRW 2,400,000,000 for agreement and treatment to the victim’s bereaved family members and the aforementioned bereaved family members, and the circumstances and circumstances surrounding the instant crime were revealed.