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(영문) 청주지방법원 2021.02.05 2020노588
교통사고처리특례법위반(치사)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year’s imprisonment without prison labor) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The lower court sentenced the Defendant to one year’s imprisonment without prison labor at the end of the inquiry into the favorable or unfavorable circumstances, as stated in the “reason for sentencing” of the judgment.

The defendant's failure to find in advance the victim who appeared on the front side of the vehicle, which caused a result more than the ordinary rear accident that takes place on the wind that makes the rest of speed, and it does not correspond to cases where illegality is serious, such as signal violation or pedestrian protection obligation in the crosswalk, and the defendant is seriously against the defendant, there is no criminal record, and there is no criminal record, and the amount of money based on the above decision is paid to the victim's parents (Seoul Central District Court 2020Gadan 51580577) after the decision of recommending settlement between the damage insurer and the victim's parents in the related civil procedure is determined after the decision of the court below is made (the Seoul Central District Court 2020Ga 205057).

The fact that the five-year-old children in the children protection zone died due to traffic accidents is too serious, the result is too serious, the bereaved families of the victims were suffering from extreme pain due to this case, and the fact that the victims did not receive a letter from the bereaved families is disadvantageous to the defendant.

In addition, comprehensively taking into account all other circumstances that form the conditions for sentencing as shown in records and pleadings, the lower court’s sentence cannot be deemed as being excessively heavy or unbrupted and unfair.

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

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