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(영문) 수원지방법원 2013.11.20 2013노3909
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months and the suspension of execution for two years) of the lower court is too unreasonable.

2. The following circumstances can be considered: (a) the Defendant divided the instant crime; (b) the Defendant did not have any other criminal history except for the Defendant who was punished by the violation of the Road Traffic Act in 193; (c) the Defendant’s vehicle is covered by a comprehensive motor vehicle insurance; (d) the Defendant agreed with the bereaved family members of the victim; and (e) the victim’s bereaved family members are not subject to punishment against the Defendant.

However, the crime of this case resulted in the death of a victim who was scam along the crosswalk at the time when the defendant violated the signal of the vehicle while driving the vehicle. The negligence of the victim is not involved at all in the cause of the accident of this case. In addition, at the time, the defendant attacked the victim in the state of failure to operate the brake while the defendant did not look at whether the crosswalk exists at the location of the accident, and the vehicle signal was a stop signal. The degree and result of the defendant's breach of duty of care is very significant.

The lower court appears to have determined the sentence against the Defendant in full view of the circumstances favorable to the Defendant as seen earlier, and it does not appear to have any other reason to reduce the sentence when it comes to the trial.

In addition, considering the Defendant’s age, character and conduct, family environment, and motive, background, means, methods, and consequences leading to the instant crime, the circumstances before and after the instant crime, etc., the lower court’s punishment cannot be deemed unreasonable. Thus, the Defendant’s assertion cannot be accepted.

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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