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(영문) 청주지방법원 2013.04.12 2012노1140
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The judgment of the defendant is a good condition for the defendant, such as: (a) the fact that the defendant was living together with his depth of the crime of this case; (b) the victim was found to have been negligent as the accident of this case occurred in the course of getting a bicycle riding on the alley and entering the road; (c) the victim’s bereaved family members received compensation of KRW 41,878,090 within the scope of the liability insurance pursuant to the Guarantee of Automobile Accident Compensation Act (Article 30(1)2); and (d) the defendant deposited KRW 8,00,000 as the bereaved family members of the victim on November 26, 2012.

However, the crime of this case is that the defendant was driving a motor vehicle without a driver's license while driving the motor vehicle without a driver's license and caused the death of the victim. The result of the crime is very significant, the defendant has been punished for the violation of the Road Traffic Act (free driver's license) over five times, and the defendant had been holding a motor vehicle in his/her own name even though he/she did not have obtained a driver's license (in the case of the crime of this case, he/she operated the motor vehicle from the government to Docheon at the time of the crime), the defendant was sentenced to the suspension of the execution of six months for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (U.S.) and violation of the Road Traffic Act (Free driver's license) and the judgment became final and conclusive, and the victim's bereaved family members want to punish the defendant.

Therefore, the above circumstances are different from other factors, such as the defendant's age, character and conduct, motive and circumstance of crime, and the sentencing criteria set in the sentencing guidelines of the Supreme Court sentencing committee.

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