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(영문) 광주지방법원 2016.05.25 2016노850
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (10 months without prison labor) is too unreasonable.

2. A favorable circumstance is that the defendant's mistake is recognized and reflected, the motor vehicle driven by the defendant is subscribed to the bus mutual aid association, the defendant deposited KRW 10 million for the victim's bereaved family members, and the defendant seems to be in an economic situation for the defendant's resale decision.

On the other hand, the crime of this case was committed by the defendant to turn to the left and caused the death of the victim who dried the crosswalk pursuant to the pedestrian signals, and thus, did not agree with the victim's bereaved family members up to the trial. Rather, the victim's bereaved family members were refusing to find the deposit money and wanting to punish the defendant, and the defendant had been sentenced to a fine for the same kind of crime.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. As such, the Defendant’s allegation is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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