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(영문) 서울중앙지방법원 2014.02.20 2014노5

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. The judgment of the court below is based on the following circumstances: the defendant reflects the error of the defendant in depth and is the first offender; the victim's bereaved family members should care for the child; the victim's bereaved family members deposited KRW 120 million in the court below as compensation for damage; the defendant's vehicle additionally deposited KRW 15 million in the court below; the defendant's vehicle's subscription to liability insurance is expected to recover a certain part of damage; the defendant's negligence is significant due to the defendant's negligence over speed beyond the speed limit in the state of considerable influence; the defendant's failure to agree with the victim's bereaved family members to the trial; the victim's bereaved family members continue to agree with the victim's bereaved family members; and the victim's family members' age, health status, character and behavior, environment, circumstances before and after the crime of this case, etc. are too heavy or unreasonable.

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.