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(영문) 춘천지방법원 강릉지원 2015.12.10 2015노515

교통사고처리특례법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment without prison labor, two years of suspended execution, and two hundred hours of social service) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment of the defendant acknowledges and reflects the crime of this case, and the crime of this case was committed by the defendant entering the road by driving a vehicle parked on the road, and the defendant did not discover the vehicle parked on the road, and it was shocked to the right side of the defendant's vehicle after shocking the right side of the vehicle, and it is difficult to see that the defendant's deposit KRW 20 million for the victim's bereaved family members, the vehicle operated by the defendant was covered by a comprehensive insurance and thus compensated for the victim's bereaved family members, and the defendant was the first offender, etc.

On the other hand, the fact that the crime of this case results in the very serious result of the death of the victim, and the victim's bereaved family members want to punish the defendant's severe punishment is disadvantageous to the sentencing.

In addition, comprehensively taking account of the motive, circumstance, means and consequence of the instant crime, the Defendant’s age, character and conduct, environment, and other factors of sentencing as shown in the records and pleadings, it cannot be said that the sentence imposed by the lower court is too heavy or too heavy.

Defendant

The prosecutor's assertion is without merit.

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