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(영문) 서울고등법원 2013.03.08 2012노4027
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the original court (one year and four months of imprisonment) shall be too unreasonable.

Judgment

The fact that the defendant divided his mistake, and it appears that the victim Ddo-off signal, etc. who driven the victim's off-and-off signal, etc. who died of the traffic accident in this case, appears to have been negligent in not entering the intersection while driving, and that there is no criminal power except for one fine due to this type of crime, the victim E, F, and G who was driven by the defendant does not want the punishment of the defendant, and the victim E, F, and G do not want to receive approximately KRW 100 million insurance money through the insurance company in which the vehicle driven by the defendant was admitted to the bereaved family of the deceased victim, and the defendant additionally deposited KRW 20,000 for the bereaved family.

However, in the event that the Defendant was under the influence of alcohol level 0.134% and went through the intersection where on-and-off signal, etc. was in operation, and entered the same as it was without passing through the intersection where on-and-off signal, etc. was in operation, the Defendant caused the instant accident, resulting in the death of the young age victim D, resulting in the occurrence of an unforeseen result in the death of what he could not be altered, and thereby, caused the Defendant’s life and the pain and pain that cannot be recovered to his bereaved families, and the Defendant’s age, character and behavior, environment, the background of the crime, and circumstances after the crime, etc. are considered, and the sentence of the lower court is proper in consideration of all the circumstances that are attached to the sentencing conditions, such as the Defendant’s age, character and behavior, the circumstances of the crime, and the circumstances after the crime.

Therefore, the defendant's ground of appeal cannot be accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is groundless. It is so decided as per Disposition.

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