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(영문) 광주지방법원 2015.04.22 2014노1420

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (one year and six months of imprisonment without prison labor, three years of suspended execution, 160 hours of community service, 40 hours of compliance driving, 40 hours of course) is too unreasonable;

2. Determination: (a) the Defendant recognized his mistake and reflects the Defendant; (b) there is no criminal history for the Defendant; (c) there is no criminal history for the victim F’s bereaved family members; (d) there seems to have been an agreement with G, the victim F’s bereaved family members who agreed with G, the victim F, which was under the victim F, contributed to a certain degree of the death of the said victim; (c) the vehicle was covered by comprehensive insurance; and (d) the victim F’s bereaved family members want to take advantage of the vehicle; (c) while the victim F was dead; and (d) the crime of this case was committed in a case where the Defendant caused a traffic accident due to two gross negligence, namely, the Defendant’s violation of signal and the duty to protect pedestrians in the crosswalk; and (e) the crime of this case was committed in light of the circumstances leading to the crime of this case, the circumstances following the crime, the Defendant’s age, character and conduct, and the environment, etc., the Defendant’s punishment is too unreasonable, and thus, is not justified

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