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(영문) 수원지방법원 2017.07.21 2017노1200
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (6 months of imprisonment without prison labor and 2 years of suspended execution) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant is against the defendant's wrong recognition of his mistake, there is no history of punishment heavier than a fine prior to the crime of this case, the victims' bereaved family members do not want the punishment of the defendant, the vehicle of the defendant was covered by the comprehensive motor vehicle insurance, and the defendant took measures to rescue the victim immediately after the accident of this case, etc. are favorable to the defendant.

On the other hand, the crime of this case is committed in a manner that the defendant did not proceed to the right side of the road on the road where no median line is installed, while proceeding to the center of the road, and neglected the duty of exponing the road, etc., and caused the victim's death by shocking the inside of the driver's office and causing the victim's death, and the result of the damage is very heavy

When comprehensively considering the above circumstances and the overall sentencing conditions of Article 51 of the Criminal Act, which were revealed in the records and changes of the instant case, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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