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(영문) 의정부지방법원 2015.02.05 2014노2690
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year and six months of imprisonment) shall be too unlimited and unfair; and

2. While the Defendant appears to reflect the instant crime, there are favorable circumstances such as: (a) the lower court deposited a total of KRW 50 million for victims; (b) the vehicle driven by the Defendant was covered by a comprehensive insurance; and (c) the Defendant was older than 70 years old; (b) the instant traffic accident is considerably significant by the Defendant’s negligence. However, the instant traffic accident is deemed to have been committed by the Defendant’s negligence, even though the Defendant attempted to overtake the Defendant beyond the median line in a situation where the Defendant was at the time when the Defendant was unable to secure the front line during the night. Furthermore, the Defendant’s negligence is considerably significant in that the Defendant’s fault is high in the course of overtaking the victims, making it possible to discover and overtake them beyond the median line, making a high speed possible for them to do so; (c) the injury of the victims due to the instant traffic accident; and (d) the remaining one victim’s life is less than the victim’s severe brain damage; (d) the Defendant’s motive to commit the instant crime, etc., such as the Defendant’s personality and behavior and behavior, etc.

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

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