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(영문) 창원지방법원 2015.02.05 2014노2453
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal: (a) the sentence imposed by the lower court (two years of suspended execution in October, community service order 200 hours, and order to attend a compliance driving course) is too unreasonable in light of the following: (b) the Defendant confessions and reflects the Defendant; (c) the Defendant agreed with the bereaved family members of the victim E; and (d) the Defendant was the first offender with no record of the crime.

2. Taking into account the circumstances alleged by the Defendant, even if the instant crime was committed by the Defendant, while driving a motor vehicle and neglecting his duty to turn to the left at a long distance, and breaking the victim at the floor due to negligence, which led to the death of the victim under the age of five years with the rear wheels of the motor vehicle and leading the victim under the age of five, which led to the death of the victim. The instant traffic accident was caused by the Defendant’s negligence and cannot be deemed to have been caused by any negligence. In full view of all the circumstances, such as the character, conduct and environment of the Defendant, the background and consequence of the instant crime, and the circumstances after the crime, etc., which are conditions for sentencing as shown in the records and arguments, the sentence imposed by the lower court cannot be deemed to be unfair. Thus, the Defendant’s above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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