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(영문) 대구지방법원 2014.09.04 2014노835
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (10 months of imprisonment without prison labor and 2 years of suspended execution) declared by the court below is too unreasonable.

2. The judgment is against the defendant's mistake in depth in committing the crime, and the case is considered in part as the situation where the victim competes with the pedestrian signal crossing in the crosswalk in which the pedestrian signal was red-lighted, and the situation where the accident occurred. In addition to the defendant's driving vehicle being covered by a comprehensive insurance, the victim's bereaved family members and bereaved family members agree with the victim and the victim's bereaved family members.

However, the defendant committed the crime of this case even though he had been punished three times due to the same crime (the imprisonment without prison labor for 10 months, the suspension of execution, and the fine).

In the case of cargo vehicles or large vehicles, it is anticipated that a traffic accident will occur, so it is required to pay more attention to drivers.

At the time of the accident, in order to drive a dump truck of this case at the time of the accident to make a right-hand, the Defendant stops in front of the crosswalk and starts without properly examining the left-hand side of the direction, and took the victim's body in front of the Defendant's vehicle and caused the victim to die.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

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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