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(영문) 의정부지방법원 2015.01.30 2014노2452
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following circumstances: (a) the defendant led to the confession of the defendant; (b) the defendant deposited KRW 15 million for the recovery of damage; and (c) the defendant suffered from depression; (d) the accident of this case resulted in the death of one victim who was on board the other vehicle due to a traffic accident under the influence of a license or drinking; (b) the degree of the defendant's negligence or the result of the damage of this case is very serious; (c) the victims of this case or their bereaved family members want to be punished against the defendant; (d) the defendant was sentenced to a fine for the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act even before March 2014; and (e) the age, character and environment of the defendant; (e) the circumstances leading to the crime of this case; and (e) the circumstances leading to the crime of this case after the crime, etc., the sentence of the court below cannot be deemed to be excessively unfair.

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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