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(영문) 광주지방법원 2015.05.21 2014노2366
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two years of suspended execution for eight months of imprisonment without prison labor, and 80 hours of community service) is too unreasonable.

Judgment

The fact that the defendant reflects his mistake, that the defendant gives 7 million won to the bereaved family members of the victim and agreed, and that the vehicle of the defendant is covered by the comprehensive insurance is a favorable sentencing factor.

However, the defendant's negligence, which did not properly operate the cargo vehicles, caused the result of the victim's death, resulting in the death of the victim. The crime of this case is heavy.

In addition, considering the circumstances leading up to the instant crime, the Defendant’s age, character, conduct, criminal record, environment, etc., various sentencing data revealed in the pleadings are considered as being too inappropriate, and thus, the Defendant’s assertion is without merit.

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

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