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(영문) 창원지방법원 2013.09.26 2013노1295
교통사고처리특례법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (six months of imprisonment without prison labor) is too unreasonable, and the prosecutor asserts that the punishment imposed by the court below is too uneasible and unreasonable.

2. We examine both parties’ assertion of unfair sentencing.

The fact that the defendant repents the defendant's wrong, the defendant is in a position to care for the children of Grade II with mental retardation disorder, the defendant deposited a sum of KRW 160 million in the original court and the first instance court for the parents who are the bereaved family members of the victim as part of compensation for damages, and the fact that the defendant is the first offender who has no criminal history is favorable to the defendant.

However, the victim E (hereinafter “victim”) of the instant traffic accident is 4 years of age, and not only the victim E (hereinafter “victim”) of the instant traffic accident is 4 years of age, but also the occurrence of the instant traffic accident seems to have been sufficiently prevented by finding in advance the victim’s right side of the Defendant’s proceeding, and preventing the occurrence of the instant traffic accident, in light of the fact that the Defendant, at the time of the instant traffic accident, continued to drive the road without the Defendant’s fault, because the victim’s failure to fulfill his duty of care, was at the location of a kindergarten off in front of 107, Dong-dong apartment complex in Seongbuk-dong, Sungwon-dong, Chang-dong, Changwon-dong, Changwon-dong, Changwon-dong, and thus, the traffic accident of this case is likely to take place, and the Defendant, a driver, at the same time, is a road in front of the victim’s direction to stop.

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