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(영문) 창원지방법원 2016.03.03 2015노2603
교통사고처리특례법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the reasons for appeal are too unjustifiable because of the punishment imposed by the court below (10 months of imprisonment without prison labor, 2 years of suspended execution, 160 hours of social service). The prosecutor asserts that the prosecutor is too unfeasible and unfair.

2. The judgment that the defendant led to a confession of criminal facts and reflects on the fact that the accident of this case occurred, the Daecheon River which constructed a separate bicycle lane, but instead used the bicycle lane, was partially negligent for the victim who passed the bicycle along the ordinary bicycle lane, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the defendant deposited a total of KRW 10 million for the victims' bereaved family members, and the fact that the defendant did not have any criminal record is favorable to the defendant.

On the other hand, there is no agreement with the bereaved family members of the victim, and there is a serious result of the victim's death due to the accident in this case.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive, and circumstance before and after the commission of the crime, etc., the sentence imposed by the lower court is too heavy or is deemed unreasonable as it is too low, and thus, the argument that the sentencing of the Defendant and the Prosecutor is unfair is rejected.

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

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