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(영문) 대구지방법원 2020.05.22 2020노81
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and three months) is too unreasonable.

2. Under the judgment, considering the following: (a) the circumstances favorable to and unfavorable to the defendant; (b) there is no change of circumstances that could change the sentence of the court below after the pronouncement of the judgment of the court below; and (c) various conditions of sentencing as shown in the pleadings of this case, such as the defendant’s age, character and conduct, environment, motive, circumstances, means and consequence of the crime; and (d) the sentence imposed by the court below is deemed reasonable; and (b) it is deemed that

It seems that the defendant has no record of punishment exceeding the same kind of punishment or fine, and his mistake is divided.

Since the accident vehicle of this case is covered by a comprehensive insurance, it seems that the bereaved family members of the victim can receive a significant amount of damages.

In light of the fact that the instant accident occurred near the crosswalk and the victim died and suffered irrecoverable damage, etc., the Defendant driven the instant car while drinking (the alcohol concentration in the blood does not meet the punishment standards as 0.023%) and the Defendant’s responsibility for the crime is heavy.

The defendant did not receive a letter from the bereaved family members of the victim, and the bereaved family members of the victim continuously want to punish the defendant.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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