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(영문) 서울서부지방법원 2013.10.01 2013노556
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (including six months of imprisonment without prison labor, two years of suspended execution, and 80 hours of social service) by the court below is too heavy.

2. The Defendant recognized the instant crime and reflects the depth of the Defendant, and the instant traffic accident is a sentencing factor favorable to the Defendant that is favorable to the Defendant, when the victim illegally crosss the Defendant’s vehicle while holding a crosswalk in the vicinity at night, even though the victim was installed at the crosswalk at night, and the fault of the victim caused considerable damage to the Defendant’s vehicle. The Defendant’s vehicle is also affiliated with a personal taxi mutual aid association, and the victim’s family members agree with the victim, and the fact that the Defendant’s health status is not good.

However, the above favorable circumstances appear to have been considered all at the court below, and there is no change of circumstances in the court below, and the crime of this case was committed by receiving victims and causing their death, and the result is very serious, and other various factors of sentencing as shown in the argument of this case, the punishment sentenced by the court below is determined to be within the scope of sentencing for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents according to the Sentencing Guidelines set by the Supreme Court Decision on the Sentencing within the proper scope of sentencing [the decision of type] mitigation element of traffic accidents [the special person] mitigation element of traffic accidents [the special person] mitigation element - If the victim was negligent due to the occurrence of traffic accidents or the expansion of damage, it is determined to be within the scope of punishment [including the serious effort to recover the damage] [the scope of recommending sentence] 2 months to October (special mitigation area].

3. 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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