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(영문) 수원지방법원 2015.07.24 2015노3093

교통사고처리특례법위반등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Although the Defendant was punished for having caused a traffic accident due to driving under the influence of alcohol and caused the death of the victim F by causing a traffic accident while under the influence of alcohol 0.179%, and resulting in the death of the victim F by causing a harsh result of the victim's serious injury, the crime is very poor. Therefore, the Defendant needs to be punished corresponding thereto.

Meanwhile, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects depth; (b) the Defendant deposited KRW 9 million in the name of the victim F’s bereaved family; (c) the Defendant was not subject to criminal punishment since 2003; and (d) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (b) the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant, his defense counsel, and the prosecutor's argument of unfair sentencing is without merit.

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