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(영문) 춘천지방법원 강릉지원 2013.09.10 2013노219
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that of the lower court’s punishment (eight months) is too unreasonable.

2. The defendant's vehicle was covered by a comprehensive insurance; although the defendant did not reach an agreement with his/her bereaved family members, he/she deposited KRW 15 million for the victim's bereaved family members; and there is no special criminal offense against the defendant, there is no circumstances favorable to the defendant.

However, in full view of all the sentencing conditions, the lower court’s punishment is too unreasonable, considering the following: (a) the death accident that occurred in the course of the Defendant’s course of overcoming the central line, which caused the damage to the Defendant’s fault and the victim’s damage; and (b) the bereaved family members want to be punished against the Defendant; and (c) the victim’s bereaved family members want to do so.

3. In conclusion, 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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