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(영문) 서울북부지방법원 2014.06.27 2014노418
교통사고처리특례법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant's assertion that the sentence (0 months of imprisonment without prison labor, 2 years of suspended execution, 80 hours of community service) imposed by the court below is too unreasonable.

B. The Prosecutor’s assertion that the sentence imposed by the lower court is too uneasible and unreasonable.

2. The judgment of the defendant led to the crime of this case. Although the signal of the crosswalk in which the accident occurred at the time of the crime of this case was sent to the vehicle driving and the pedestrian stop signal, the victim was not in compliance with this, so there was a considerable fault in the occurrence of the accident even for the victim, since the vehicle operated by the defendant was covered by the comprehensive motor vehicle insurance, the insurance money was paid to the bereaved family members of the victim. The defendant also deposited three million won for the victim's bereaved family members, and the defendant was old.

On the other hand, the crime of this case is an unfavorable circumstance to the defendant, in light of the circumstance and degree of damage, etc. that the defendant, who is not sufficiently capable of driving a vehicle at night due to old-age whites, was negligent in neglecting his duty of front-way and right-hand and right-hand driving, resulting in the death, and the nature of the crime cannot be deemed to be negligible. The crime of this case did not reach an agreement with the defendant and his bereaved family members up to the trial, and the fact that the defendant had been punished several times for the same crime as the crime of this case.

In full view of these circumstances and other circumstances, including the Defendant’s age, character and conduct, environment, motive or circumstance of the offense, means and consequence, etc., the sentence imposed by the lower court is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.

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

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