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(영문) 청주지방법원 2014.05.01 2013노1046
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for August, the suspension of execution for two years, and community service for 80 hours) by the court below is too unreasonable.

2. Determination is a favorable condition that the defendant does not want the punishment of the victim's bereaved family member under the agreement with the victim's bereaved family member, and that the defendant and the victim together committed the instant accident to the sick bill of workplace compensation.

However, the court below's decision imposing a community service order is not unreasonable, in full view of all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, motive for the crime, and circumstances after the crime, etc., the punishment of the court below is too unreasonable, in light of the following factors: (a) the defendant's negligence that did not properly take the front-time care of the victim's death occurred; (b) the victim's life was minor due to the accident caused by the defendant; and (c) the victim's bereaved family member lost his love family member due to the implementation of the community service order.

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

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