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(영문) 의정부지방법원 2018.04.10 2018노396
교통사고처리특례법위반(치사)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (10 months’ imprisonment without prison labor) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The judgment appears to have the attitude of recognizing and opposing the defendant's crime, and the fact that the vehicle operated by the defendant is considered to have been covered by the chartered bus mutual aid association and the bereaved family members of the victim are considered to have been paid insurance money.

On the other hand, the traffic accident of this case is very serious by the defendant's negligence while finding out the vehicle coming from the center line in which the defendant tried to overtake the vehicle that the victim drives while driving, and returning to his own vehicle immediately after discovering the vehicle. (On the other hand, the victim is deemed to have been using the safety mother, while the victim was at fault.

No evidence exists) The victim’s death result was serious (the defendant did not have an emergency rescue device at the time of the instant traffic accident and transferred to a large hospital during the time of the instant traffic accident, and the victim was suspected of having died. However, there is no evidence to prove that there was no emergency rescue device in the first-aid vehicle, and the victim’s private person is brain escape, considering that there is no evidence to prove that there was no emergency rescue device in the first-aid vehicle, the relationship between the traffic accident in this case and the death of the victim cannot be deemed to be severed between the traffic accident in this case and the victim’s death), and the defendant was detained by absence in the court of the lower court, and was committed to raise the agreed amount to be deducted

However, it is not visible that the trace of efforts to reach an agreement is different, and the fact that the records of drinking driving and traffic accidents are punished several times is disadvantageous to the defendant.

The sentencing criteria (the basic area: the treasury) set by the Sentencing Committee.

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