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(영문) 대전지방법원 2014.10.23 2014노1258
교통사고처리특례법위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the prosecutor (eight months of imprisonment without prison labor and two years of suspended execution) is deemed to be excessively unhutiled and unfair.

B. The sentence imposed by the lower court is excessively unreasonable.

2. The crime of this case is an unfavorable circumstance that the defendant is running a bus and the victim's bereaved family members are still maintaining the seriousness of the result as a matter of death of the victim and the victim's intent to punish the defendant.

However, the occurrence of the accident of this case contributed to the fault of the victim who illegally crossed the accident of this case, and it has long been 20 years prior to that of the defendant, and the defendant deposited KRW 30 million on the part of the victim and received it on the part of the victim in the court below, and taking into account the fact that bus operated by the defendant was covered by the automobile comprehensive insurance, and other sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc., it is not deemed that the sentence imposed by the court below is too weak or unreasonable. Thus, the grounds for unjust sentencing of the prosecutor and the defendant are without merit.

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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