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(영문) 대전지방법원 2015.08.21 2015노1699
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (10 months) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the fact that the Defendant did not have existed, confession and reflects a crime, and that the cargo vehicle driven by the Defendant is covered by the comprehensive motor vehicle insurance.

B. On the other hand, the instant crime is driving a cargo vehicle.

In addition to the fact that parents of a victim who is a pedestrian victim (32 years of age) have a heavy nature of crime as a result of death, and the parents of the victim who are the bereaved family members want to be punished by the defendant, it is not possible to hold the defendant strictly liable and the sentence of punishment is inevitable.

C. In light of the Defendant’s age, character and conduct, family relationship, living environment, motive, details, and result of the crime, and all of the sentencing conditions indicated in the instant case, the sentence of the lower court is appropriate and unreasonable.

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 groundless. It is so decided as per Disposition.

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