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(영문) 전주지방법원 2015.10.28 2015노752
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (six months of imprisonment without prison labor and one year of suspended execution) of the original judgment is too large.

2. In full view of the following factors: (a) the Defendant’s consent with the bereaved family members does not want to punish the Defendant; (b) the Defendant did not have the same criminal records as the Defendant has committed a single-time fine; (c) however, the instant accident occurred due to the instant accident; (d) the Defendant’s negligence of neglecting his/her duty of care; and (e) the Defendant’s age, criminal records, character and conduct, environment, family relationship, motive and circumstance of the crime; and (e) various sentencing conditions indicated in the instant argument, such as the circumstances after the crime, etc., it cannot be said that the Defendant’s punishment imposed by the lower court is too unreasonable.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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