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(영문) 의정부지방법원 2018.04.23 2018노594
교통사고처리특례법위반(치사)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is too unfair because of the punishment sentenced by the court below (one year and four months of imprisonment).

2. It is recognized that the judgment of the defendant recognized his mistake and reflects his mistake, and that it appears that a certain amount of compensation should be made to the victim with a comprehensive insurance in which the defendant's wife has joined.

However, even though the instant traffic accident resulted from a significant result leading to the death of the victim, the victim's bereaved family members were unable to make full efforts to receive a letter from the victim's bereaved family members. From the time of the first instance trial, the victim's bereaved family members wanted to be punished strictly by the defendant, and the occurrence of the instant traffic accident by driving the vehicle without the driver's license, etc., under the circumstances unfavorable to the defendant. In addition, even if the defendant entrusted the defendant's counsel with the custody of the consolation money of KRW 30 million in the trial, the victim's bereaved family members cannot refuse to receive all money and use it as materials for recovery of damage (the victim's representative submits a letter of proxy resignation to prevent deposits from being made by the defendant), the defendant's age, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., it is not recognized that the punishment imposed by the court below is excessively unfair.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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