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(영문) 광주지방법원 2015.07.23 2014노3156
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (six months of imprisonment without prison labor, two years of suspended execution, and 40 hours of an order to attend a law-abiding lecture) is unreasonable.

Judgment

The fact that the defendant repents and reflects his mistake, there is no record of punishment for the same kind of crime, the victim is at considerable negligence in the occurrence of the accident of this case and the expansion of damage, and the bereaved family members do not want the punishment for the defendant by agreement with the bereaved family members of the victim.

However, the instant accident occurred due to negligence, such as violation of the duty of safe driving before entering the Defendant’s intersection, which resulted in the death of the victim, and the fact that there is no change in the circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment, and there is no change in the Defendant’s age, character and behavior, environment, circumstances and result of the instant crime, etc., all of the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, circumstances after the commission of the crime, and the scope of the recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Commission (2-10 months) [the scope of recommendations] of the special mitigation area (2-10 months) of the type of ordinary traffic accident (2-month) [special mitigation] [the victim] where there is considerable negligence in the occurrence or expansion of the damage of the traffic accident, and it is not recognized that the Defendant’s excessive punishment is unreasonable. Thus, the above assertion is without merit.

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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