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(영문) 춘천지방법원 강릉지원 2014.09.02 2014노263
교통사고처리특례법위반등
Text

All appeals filed by the defendant and prosecutor 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. The Defendant, by gross negligence in breach of the duty of safe driving, led to the shock of the victim who drives a bicycle on the front door and resulting in the death on the part of the victim. The result of the negligence and damage is very significant, and the Defendant is driving a vehicle without purchasing a mandatory insurance policy.

In the lower court’s reasoning that there was another first shock prior to the instant accident, and that there was no agreement with the victim’s bereaved family members, and that the bereaved family members who lost the 40th largest amount due to the instant crime wanted to be punished by severe punishment, etc. are disadvantageous to the Defendant.

On the other hand, the fact that the defendant acknowledges and reflects the crime late later, that the victim's bereaved family members are deposited as the victim, that the victim's additional deposit amounting to KRW 60 million in the trial, that there is no other criminal records other than the fine imposed twice for this crime, and that there is a family member to support.

Considering the above various circumstances, comprehensively taking into account the Defendant’s age, character, conduct and environment, the background and consequence of the instant crime, and all other circumstances that form the conditions for sentencing as shown in the records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed too minor or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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