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(영문) 청주지방법원 2021.03.31 2020노913
교통사고처리특례법위반(치사)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Reasons for appeal (unfair sentencing)

A. The sentence of the court below (10 months of imprisonment without prison labor and 2 years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

Judgment

When the defendant gets on and drives a victim with disabilities while driving a wheeler, the victim was suffering from wounds after credit and resulting in a serious result of the victim's death.

The defendant was unable to receive a letter from the victim's bereaved family.

On the other hand, the opinion that the victim's previous hearts had no record of criminal punishment, and that the victim's previous hearts had no record of the death, and that the damage could have been expanded due to the lack of safety devices for wheelchairs passengers on the vehicle, which seems not to be attributable to the defendant's mistake, the vehicle involved in the accident is covered by a comprehensive insurance, the defendant's deposit in the court below for the bereaved family, and the fact that the defendant did not have any record of criminal punishment, and that the defendant seems to repent with the mistake is favorable to the defendant.

In addition, taking into account the circumstances of accidents, the circumstances after the crime, the character and health conditions of the defendant, etc., the sentence of the court below is too heavy or is deemed unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all the appeal filed by the defendant and the prosecutor

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