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(영문) 전주지방법원 2016.09.08 2016노712
교통사고처리특례법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s above sentence is too uneasible and unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflected the instant crime, that there was no record of punishment except for the Defendant who was punished twice by a fine, and that the Defendant made efforts to recover damage, such as deposit of KRW 6 million for the victims’ bereaved family members.

On the other hand, the defendant had the record of being punished by a fine due to drinking driving, and the driver's license was revoked due to driving under the influence of alcohol and caused the instant traffic accident while driving the vehicle under the influence of alcohol. Considering the circumstances where the blood alcohol level of the defendant was considerably high at the time, the crime and the circumstances are heavy, and there is no room to consider at all the circumstances leading to the crime. The traffic accident in this case led to the death of the victim, and the occurrence of the result leading up to the death of the victim, the traffic accident in this case seems not to have been involved by the victim's negligence, and the vehicle driven by the defendant is not covered by the mandatory insurance, so the victim's bereaved family members were not compensated for damage through the insurance, and it is difficult to deem that the victim's bereaved family members were not compensated for damage, and sufficient measures were taken to recover the damage only by deposit of 6 million won, and the defendant did not agree with the victim's bereaved family members

In addition, considering the sentencing conditions specified in the instant records and pleadings, such as the Defendant’s age, character and conduct, environment, means and consequence of the crime, and the situation before and after the crime, it is not recognized that the lower court’s punishment is too weak or unreasonable.

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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