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(영문) 대구지방법원 2014.09.25 2014노1045
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The death of the victim of mistake of facts is only caused by king evidence, not caused by the instant accident.

The lower court found the Defendant guilty of the facts charged in the instant case.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, including the statement and death diagnosis at the police and the lower court’s court’s court, the fact that the victim died of the instant traffic accident is sufficiently recognized.

The court below is just in finding a guilty of the facts charged of this case, and there is no error of law by misunderstanding facts or misunderstanding legal principles.

B. The Defendant’s decision on the assertion of unfair sentencing is against the Defendant’s misunderstanding of the crime in depth.

In this case, the victim's fault of crossing without permission may be considered in some circumstances. In addition to the defendant's driver taxi's participation in the private taxi mutual aid association, the victim's bereaved family members are paid KRW 15 million and the bereaved family members expressed their intention that they do not want punishment against the defendant.

However, at the time of the accident, the Defendant caused the instant traffic accident by negligence that did not perform his/her duty of care at the time of the accident, even though it was night and long-distance crossing, and the young’s age of the instant accident caused the death of the victim due to the balone, etc., causing significant damage.

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 since it is without merit. It is so decided as per Disposition.

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