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(영문) 서울남부지방법원 2017.04.13 2016노1682
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment without prison labor for not less than eight months and the suspension of execution for two years) is too unreasonable.

2. The instant accident was caused by the fault that the victim was crossing without permission.

The defendant paid 10 million won to bereaved family members of the victim and agreed to do so.

However, there was a negligence on the part of the defendant without properly emphasizing the defendant, and due to this, there was a serious result of the death of the victim.

In addition, considering the circumstances favorable or unfavorable to the defendant and the defendant's age, sex, career, family relation, environment, motive, means and result of the crime, circumstances after the crime, crime experience, and the reasons for sentencing of the lower judgment, the lower court's punishment is too unreasonable, even in light of various circumstances asserted by the defendant on the grounds of appeal.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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