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(영문) 광주지방법원 2015.04.30 2015노674
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence (10 months without prison labor) of the lower court is too unreasonable.

Judgment

The fact that the defendant repents his mistake and reflects his mistake, the fact that the defendant was subscribed to the motor vehicle comprehensive insurance, and there is no record of punishment for the same kind of crime.

However, the crime of this case occurred due to the gross negligence of the defendant who violated the duty to protect pedestrians in the crosswalk, which led to the serious result of the victim's death, which has yet to be agreed with the bereaved family members, which is still considered in consideration of the circumstances favorable to the defendant, and there is no special circumstance or circumstance to be newly considered in the sentencing after the decision of the court below. In full view of all the sentencing conditions of this case, such as the defendant's age, character and conduct, environment, circumstances and result of the crime of this case, and circumstances after the decision of the court below, it is not recognized that the sentence of the court below is too unreasonable. Thus, the above argument

3. As such, the defendant's appeal is without merit, and 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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