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(영문) 대전지방법원 2015.12.10 2015노2879
교통사고처리특례법위반
Text

All the defendant and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (in the case of imprisonment without prison labor) is too unreasonable.

B. The court below’s sentence of the prosecutor (e.g., e., e., e., e., t

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) there has been no history of punishment until now; (c) the Defendant deposited a total of KRW 10.5 million for the victims’ bereaved families at the lower court; and (d) the Defendant deposited a total of KRW 1.4 million at the lower court; (b) the Defendant’s vehicle paid insurance money in a comprehensive insurance policy covered by the Defendant’s driver’s vehicle; (c) the Defendant appears to have been partly recovered from the damage; (d) the Defendant is a disabled person of class 6 with a delay disability; and (e) the Defendant appears to have difficulty in economic situation; (d) the Defendant’s support for

However, the instant accident caused the death of the victim by neglecting the duty of care on the alleyway where there was no pedestrian road. In light of the fault degree and gravity of the result of the Defendant’s negligence, the relevant crime is heavy, the bereaved families are currently suffering from severe mental pain due to the death of the victim, and the Defendant’s efforts to recover such damage seems to be insufficient, and the bereaved families failed to agree with the bereaved families, and there are other unfavorable circumstances such as the Defendant’s age, character and behavior, environment, motive, means and consequence, circumstances after the crime, etc., and all the sentencing conditions according to the sentencing guidelines of the Supreme Court on the instant crime, including the scope of recommended sentence according to the sentencing guidelines of the Sentencing Committee on the instant crime, traffic accident category 2 (traffic accident death), general traffic accident area (traffic accident death), the area of recommendation (basic recommendation) and recommendation scope), the basic recommendation scope (basic recommendation range) and sentence (1 to June 6).

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