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(영문) 청주지방법원 2013.10.18 2013노623
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The fact that the defendant's judgment on the grounds of appeal was due to the first instance, and all of his errors are recognized and are against the depth, that the victim's bereaved family members agree with the victim, and that the defendant is relatively old is favorable to the defendant.

However, the crime of this case was conducted in a state where the defendant driving a track in the state where he gets off the track, without securing a proper exit in the body structure of the track, and the victim who was on the road in a narrow channel was not properly seen in advance, and the degree of negligence was excessive. At the time of the crime of this case, the defendant had raised the log string of the beer, and the free string of the driver's seat was considerably limited to the structure of the above log, thereby being subject to a heavy restriction on the front side. Unlike this, there is no evidence to deem that there was any inevitable circumstance where the defendant would not proceed in the front line in the state where he gets off the beer, and there was no such an inevitable circumstance.

As a result, there has been a serious consequence that the victim cannot be able to die, and the defendant was sentenced to a suspended sentence of two years, etc. on February 23, 2012 in the Young-gu District Court's Young-dong branch on the traffic accident that occurred while driving a Trackter while trying to commit an illegal internship, and was under the suspended sentence period of imprisonment for six months, and was sentenced to a suspended sentence of two years on February 23, 2012. The above judgment again committed the instant crime since several months have not passed since the judgment became final and conclusive, and there was a history of punishment as a crime of violation of the Road Traffic Act (driving) along with the circumstances unfavorable to the defendant, such as the defendant's character, character, environment, background, means and result of the instant crime and the sentencing conditions specified in the arguments and records of the instant case, even if all of the circumstances alleged by the defendant as grounds for appeal are considered, it would be too excessive.

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