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(영문) 전주지방법원 2014.12.19 2014노1072
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months, the suspension of execution for two years, the community service order 120 hours, the order to attend a compliance driving lecture for 40 hours) that the court below sentenced is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the fact that the Defendant was committing the instant crime; (b) the vehicle driven by the Defendant was covered by a comprehensive insurance; (c) the victim’s bereaved family members are not wanting to be punished by the Defendant’s consent with the victim’s bereaved family members; (d) the Defendant’s instant crime was recognized, but there was a result that the victim could not have complied with the victim’s death due to the instant crime; and (e) the Defendant had the record of receiving a summary order of KRW 4 million due to the Defendant’s violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents on February 2, 2010; and (e) other various circumstances that form the conditions for sentencing

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

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