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(영문) 창원지방법원 2013.06.13 2013노284
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment, 160 hours of community service order, and 40 hours of order to attend a compliance driving course) that the court below sentenced is too unfford and unreasonable.

2. It is recognized that the defendant led to the confession of the crime of this case, and his mistake is pened in depth, and that the defendant was covered by the automobile comprehensive insurance at the time of the accident of this case, and that the defendant deposited KRW 20 million for the victim D's bereaved family members.

However, the crime of this case is deemed to cause the death of a passenger by causing a traffic accident while under the influence of 0.114% alcohol concentration. The case cannot be deemed to be less than that of the victim. The defendant's negligence, such as stopping at the right side of the cargo vehicle, even though he did not stop once again, and stopping at the same part of the cargo vehicle again after driving at the same distance of 6.8 meters, is reasonable, and the victim's damage has been increased due to such two shocks. On the other hand, the victim seems to have been on board the cargo of the defendant under the circumstance where the main state of the defendant cannot be known. Since the drinking driving is an offense that may cause damage to his life and property without any consent from the victim as well as his bereaved family members, it is necessary to strictly eradicate it by reflecting the purpose of the revision of the Road Traffic Act, and the defendant's arguments that the defendant's bereaved family members did not reach the judgment of the court below after considering the following circumstances as a whole.

3. Conclusion.

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