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(영문) 대구지방법원 2015.03.26 2015노172
교통사고처리특례법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the reasons for appeal against the defendant, the defendant asserts that the defendant's imprisonment (two years of imprisonment) is too unreasonable, and the prosecutor asserts that it is too uneasible and unreasonable.

2. It is recognized that the Defendant is trying to recover damage by making a deposit of KRW 10 million in the first instance trial to the victim’s bereaved family members, and additional KRW 10 million in the trial trial for the victim’s bereaved family members.

On the other hand, it is also recognized that the blood alcohol concentration at the time of the instant crime was very high to 0.136%, and that there was no agreement with the victim's bereaved family even though the result of the instant crime was caused by the death of the victim.

In full view of the aforementioned circumstances, the sentencing conditions indicated in the records, such as the Defendant’s age, environment, occupation, family relationship, and the background leading to the instant crime, cannot be deemed unreasonable because the Defendant’s sentence imposed by the lower court is heavy or uneasible.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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