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(영문) 전주지방법원 2017.04.14 2017노6
교통사고처리특례법위반(치사)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court, the Defendant asserts that the Defendant is too unfasible, and that the prosecutor is too unfased and unfair.

2. The circumstances are favorable to the Defendant, such as the fact that the Defendant previously had no record of criminal punishment, the recognition of the instant crime and the mistake against the Defendant, the fact that the victim, who was in the lane at night, was partly responsible for the occurrence of traffic accidents and the expansion of damage, the vehicle driven by the Defendant appears to have been partly restored due to the purchase of a comprehensive motor vehicle insurance contract, and the damage was deemed to have been considerably restored. The fact that the Defendant deposited KRW 10 million for the bereaved family members of the victim at the lower court, and the Defendant appears to have a difficult economic situation.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the following: (a) the crime of this case was committed by negligence that caused the death by neglecting the duty of care in front of the defendant while driving the cargo vehicle; (b) the nature of the crime was not somewhat weak; (c) the victim's death was serious result due to the traffic accident of this case; (d) the victim's bereaved family member seems to have suffered a big mental suffering that is difficult to recover; and (e) the victim's bereaved family member's bereaved family

In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the lower court’s punishment is too heavy or is deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.

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

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