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(영문) 의정부지방법원 2015.07.28 2015노1388
교통사고처리특례법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment without prison labor) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The circumstances favorable to the Defendant include: (a) the Defendant’s mistake is divided; (b) the Defendant’s driver’s vehicle is covered by a comprehensive insurance; and (c) there is no record of punishment exceeding a fine.

B. Meanwhile, despite the fact that the Defendant was driving a dump truck that may cause serious damage to traffic spectators in the event of a traffic accident, the Defendant is disadvantageous to the Defendant, such as the following: (a) the occurrence of a dump truck by negligence in driving stroke and causing the death of the victim; (b) the mental impulse, loss, economic suffering, etc. of the victim’s bereaved family members are highly high; (c) the Defendant was unable to agree with the victim’s bereaved family members; and (d) the victim’s bereaved family members want to punish the Defendant.

C. In full view of the above circumstances and the character, conduct and environment of the Defendant, the background and consequence of the instant crime, etc., and all the circumstances that form the conditions for sentencing as shown in the records and arguments, the sentence imposed by the lower court is deemed appropriate, and it does not seem that it is too weak or unreasonable.

C. Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal of this case by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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