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(영문) 전주지방법원 2013.04.19 2012노1290
교통사고처리특례법위반
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C. The defendant A and B are not guilty, each appeal.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of Defendant A, the sentence of the lower court (10 months without prison labor) is too unreasonable.

B. In light of the overall sentencing conditions of Defendant B, the sentence of the lower court (a sentence of eight months of imprisonment, two years of suspended sentence, probation, community service, 160 hours, 500,000 won) is too unreasonable.

C. Defendant C1’s crime of mistake of facts or misapprehension of legal principles must be committed in return for promising to receive money and other valuables. Defendant C does not have promised to receive money and other valuables in return for handling agreed affairs regarding Defendant A’s violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents. 2) In light of all the sentencing conditions on unfair sentencing, the sentence of the lower court (limited to eight months of imprisonment, two years of suspended execution, two years of probation, community service, 160 hours) is too unreasonable.

In light of all the sentencing conditions of the prosecutor, the sentence of the lower court on the Defendants is too unfluent and unfair.

2. Determination on the grounds for appeal

A. Determination of the assertion of unfair sentencing against Defendant A and the Prosecutor on the occurrence of the instant accident is recognized as favorable circumstances, such as the fact that the victim was partially negligent, and that Defendant A deposited KRW 10 million for the bereaved family members of the victim.

However, the serious result of the victim’s death caused by the instant accident, and Defendant A deposited only KRW 10 million out of KRW 30 million as a driver’s insurance money for the victim’s bereaved family members, and used the remainder to purchase a new car, etc., which are not good circumstances after the commission of the crime, and the victim’s bereaved family members want to be punished by Defendant A as they did not agree with the victim up to the trial. In addition, taking full account of the following factors: Defendant A’s age, character and behavior, intelligence and environment, criminal record relationship, and motive and circumstance of the crime, etc., as well as the various sentencing conditions under Article 51 of the Criminal Act.

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