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(영문) 광주지방법원 2015.11.03 2015노2139
교통사고처리특례법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The reasoning of the appeal by the defendant is that the punishment of the court below (4 months) is too unreasonable.

B. The lower court’s reasoning for the appeal by the prosecutor is too unfased and unreasonable.

Judgment

In the court below and the court below, the defendant deposited a total of KRW 28 million for the victims' bereaved families; the defendant's vehicle is covered by a comprehensive insurance; the defendant's vehicle has no record of criminal punishment; the defendant's vehicle was accompanied by the defendant's vehicle; the victim's death in the accident of this case occurred; the victim's bereaved families and branchs want to be punished; when compared with other vehicles driving the above road at the time of the accident, the defendant's vehicle was driven at a very rapid speed; the accident of this case occurred due to the defendant's negligence, even if the road was milched, it seems that the accident of this case occurred due to the defendant's negligence; other unfavorable circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime; and circumstances after the crime of this case, etc., the sentencing guidelines as shown in the records of this case, and the scope of guidelines for sentencing (from April 10 to October) cannot be deemed unreasonable or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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

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