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(영문) 의정부지방법원 2014.07.11 2014노880
교통사고처리특례법위반등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (eight months of imprisonment) is too unhued and unfair.

B. The above sentence imposed by the court below is too unreasonable.

2. The grounds for appeal by the public prosecutor and the defendant are also examined;

There are circumstances such as that the Defendant’s negligence caused the death of the victim and denied it at the beginning of the investigation and did not go to the bereaved family, and that the offense is considerably poor, and that the Defendant did not subscribe to a motor vehicle comprehensive insurance, etc., so the damage recovery was not made timely, and that no agreement was reached with the bereaved family even until the trial was in the first place.

However, there are also circumstances such as the fact that the Defendant led to the instant crime even at the latest, that the Defendant deposited KRW 20 million for the bereaved family members, and that the Defendant, who is not good in health as an old, cannot be deemed to be less than a short-term imprisonment.

Ultimately, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, occupation, details and contents leading to the instant crime, and circumstances after the commission of the crime, the sentence of the lower court cannot be deemed to be too minor or unreasonable.

Therefore, both prosecutor and defendant's assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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