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All appeals by the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for Defendant A: 3 years of imprisonment without prison labor; Defendant B; 8 months of imprisonment without prison labor; and 2 years of suspended execution) is too unreasonable.
2. Determination
A. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime against Defendant A; and (b) the Defendant’s vehicle appears to have been covered by the automobile comprehensive insurance; and (c) the Defendant’s vehicle appears to have paid considerable insurance money to the bereaved family members.
On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant committed an illegal internship on an expressway using a lane available only for the vehicles performing duties of the Korea Road Corporation, causing a traffic accident and causing the victims' death. The fact that three family members aboard the damaged vehicle due to the traffic accident of this case died very serious result, and that the bereaved family members failed to reach an agreement with the victims up to the time of the immediate trial, and that the bereaved family members want to be punished for severe punishment of the defendant.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of the instant case, the lower court’s punishment against the Defendant is too excessive and unreasonable, and thus, the Defendant’s assertion is without merit.
B. The circumstances favorable to the Defendant include: (a) there was no record of criminal punishment against Defendant B before; (b) the fact that the Defendant recognized the instant crime and reflects the mistake; and (c) deposited KRW 10 million for the bereaved family members of the victims; and (b) there was no record of criminal punishment against Defendant B.
On the other hand, the crime of this case was committed by the defendant, who is the head of the team for the maintenance and repair of the Korean road, using the lane of this case, caused a traffic accident by A due to an illegal internship and caused the death of victims.