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(영문) 서울중앙지방법원 2014.01.07 2013노3743
교통사고처리특례법위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year’s imprisonment without prison labor) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. The judgment of the court below is based on the following circumstances: (a) the defendant's mistake is against the defendant's mistake; (b) the driver's vehicle is covered by a comprehensive insurance and deposited KRW 20 million for the victim's bereaved family members; (c) the defendant neglected the duty of care in driving and performing duties in the child protection zone; and (d) the result of the crime of this case is very serious; (c) the defendant did not agree with the victim's bereaved family members to the trial; and (d) the victim's bereaved family members were blickly punished the defendant; and (e) the defendant's age, health conditions, character and behavior, environment, circumstances before and after the crime, etc. are being committed; and (e) the court's punishment against the defendant is too heavy or unreasonable.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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