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(영문) 창원지방법원 2016.11.24 2016노2381
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

2. The judgment of the court below is that the defendant led to a confession of the crime and reflects on the fact, and that there was an accident of this case after about 33 seconds in the situation where the defendant concealed the cargo vehicle which the victim driven prior to the towing vehicle and concealed it, and that there was some negligence that the victim did not take appropriate follow-up measures after the first accident, and that there is a possibility that the negligence might have affected the occurrence of the accident of this case and the expansion of damage, the vehicle operated by the defendant is admitted to the Cargo Financial Cooperative, and separately deposited 20 million won for the bereaved family members of the victim, and that there was no previous conviction exceeding the fine, which is favorable to the defendant.

However, the accident in this case resulted in a significant and unexpected consequence of the death of the victim, but it did not reach an agreement with the bereaved family members of the victim, and the above bereaved family members have been pending in the trial by filing a lawsuit against the defendant for damages since they failed to recover damages until now, and there is no special change in the trial. In full view of various circumstances, such as the defendant's age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, etc., the sentence of the court below is too unreasonable.

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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