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(영문) 창원지방법원 2016.07.14 2016노868
교통사고처리특례법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the reason for appeal is too unreasonable because of the punishment (six months of imprisonment without prison labor) declared by the court below, and the prosecutor asserts that the prosecutor is too unfeasible and unfair.

2. The circumstances favorable to the defendant are as follows: (a) the defendant confessions the facts constituting the crime and reflects the fact; (b) the vehicle operated by the defendant is subscribed to the comprehensive motor vehicle insurance; and (c) the deposit of KRW 23 million in the original instance for the victim’s bereaved family members; and (d) KRW 10 million in the original instance.

On the other hand, even though the defendant caused the instant traffic accident by negligence which neglected his duty of care in the front direction, which resulted in the result that the victim's death could not be observed, and the bereaved family members want to take the defendant against the severe punishment because it did not reach an agreement with the bereaved family members of the victim (the bereaved family members of the victim submitted a written application for severe punishment while the victim cannot accept the amount of KRW 23 million deposited by the court below) and even though he had the record of being punished by a fine of KRW 3 million for the same crime in 2011, it is recognized that the defendant was disadvantageous to the defendant, such as again committing the instant crime, even though he had the record of being punished by a fine of KRW 3 million.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive, and circumstance before and after the commission of the crime, etc., the sentence imposed by the lower court is too heavy or is deemed unreasonable as it is too low, and thus, the argument that the sentencing of the Defendant and the Prosecutor is unfair is rejected.

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

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