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(영문) 의정부지방법원 2018.10.05 2018노484
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (three years of suspended execution to one year of imprisonment without prison labor, and one hundred and sixty hours of community service) against the Defendant on the summary of the grounds of appeal is deemed to be too uneasible and unfair.

2. The determination of this case seems to have a great degree of mental suffering that the bereaved family members suffered as a case where the young children died due to a traffic accident.

The defendant did not agree with the bereaved family members, and the bereaved family members constantly want to punish the defendant.

This is because the defendant was passive in the initial response of the defendant.

I seem to appear.

However, although the instant traffic accident occurred in an apartment complex, it was inevitable to set up a difference on the ground because the underground parking lot at the time was the construction work, and the Defendant was parked.

In the process of cutting off the vehicle, it seems that Kwikset is not considered to be the victim who rapidly runs away from Kwikset.

There is no evidence that the defendant used the mobile phone at the time or was overworking.

Although there are many children in the apartment complex, it is necessary for the defendant to pay more attention, this is also an unexpected accident that makes it possible for the people who have considerable attention necessary for the normal driving of the apartment complex to stop even only by the fire-proof of the motor vehicle.

피고인이 재판 당사자로서 취한 방어적 태도가 다소 유족들에게 오해를 샀을 수 있으나 피해 회복을 위한 나름의 노력은 한 것으로 보이고 그 결과 4,200만 원을 공탁하였다.

Vehicles operated by the defendant were also covered by comprehensive insurance.

Defendant

In addition, a person who raises a child of the age similar to the victim is responsible for the livelihood of the family.

There is no record of having been sentenced to the same criminal records or suspension of execution.

The court below also rendered a suspended sentence in consideration of these circumstances.

In full view of the above circumstances, the sentence of the court below is too uneasible.

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