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(영문) 서울서부지방법원 2013.10.29 2013노859
교통사고처리특례법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below is too heavy (8 months).

B. The Prosecutor’s sentence imposed by the lower court is too minor.

2. However, the sentencing factors favorable to the Defendant are the following: (a) the Defendant confessions and reflects the instant crime; (b) the Defendant’s vehicle is covered by a comprehensive insurance; (c) the Defendant has no record of criminal punishment heavier than a suspended sentence; and (d) the Defendant has old age of 78.

On the other hand, however, the fact that the victim died due to the crime of this case and the result is very serious, and that the bereaved family members of the victim want to be punished strictly is an element for sentencing disadvantageous to the defendant.

In full view of the above circumstances and various sentencing conditions shown in the argument of this case, the sentence imposed by the court below on the defendant is within the proper sentencing range.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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