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(영문) 수원지방법원 2019.01.30 2018노7648
교통사고처리특례법위반(치사)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Circumstances favorable to the defendant, such as the fact that the defendant reflects the crime, the fact that there is no specific punishment force other than the punishment sentenced once, the fact that the victim's bereaved family members agree, the fact that the defendant's driver's vehicle is covered by the comprehensive motor vehicle insurance, and the social relation appears to be clear, etc. However, the defendant's gross result of the death of the victim was caused by negligence that intrudes the central line while driving a motor vehicle while driving a motor vehicle. Meanwhile, in light of the degree of negligence and the degree of damage, the crime is highly serious, and the crime of this case was committed again despite the punishment force for the crime of driving a dangerous motor vehicle or the bodily injury.

Considering the above circumstances and the Defendant’s occupation, family relation, age, character and conduct, environment, motive and background of a crime, means and consequence of a crime, and the circumstances before and after a crime, it is difficult to deem that the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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