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(영문) 대구지방법원 2014.11.06 2014노1572
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (including six months of imprisonment without prison labor, two years of suspended execution, and 120 hours of community service) that the court below made is too unreasonable.

2. The judgment of the defendant reflects the wrong conduct of crime, and the defendant's driver's vehicle is not covered by a comprehensive insurance, and the judgment of the court below would provide the victim's bereaved family members with the amount of KRW 30 million, and the defendant is responsible for the livelihood of his family members.

However, the Defendant had been punished for the crime of violating the Act on Special Cases concerning the Management of Traffic Accidents, etc., and again committed the crime of this case.

The crime of this case is highly likely to cause the defendant's negligence, and the result is very significant, as the defendant received the victim who was towing and walking his fingers on the front side of the defendant's vehicle in violation of his duty of front-time viewing, etc., and died on his job (as the original state properly, as the defendant has properly explained, it seems that he viewed that he viewed digital media broadcasting installed on the vehicle at the time and was grossly negligent).

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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