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(영문) 대구지방법원 2016.12.22 2016노2213
교통사고처리특례법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The main points of the grounds for appeal are as follows. The defendant asserts that the defendant's punishment (one year of imprisonment without prison labor, two years of suspended execution, 80 hours of community service, and 40 hours of order to attend lectures) of the court below is too unreasonable and unfair.

2. The Defendant caused the instant traffic accident by violating the duty of safe driving, such as making it slowly on yellow domination signal. The instant traffic accident resulted in the death of four persons due to the instant traffic accident, one person was seriously injured, and 15 persons suffered serious injury.

Defendant has a career to punish him/her for a traffic accident (Death).

However, the Defendant is against the facts charged by the Defendant, and the instant traffic accident is caused by the victim’s excessive speed exceeding 20 km by disregarding the red flashing signal and entering the intersection. As such, the fault of the victim is large, the victim’s bereaved family members and the victim of serious injury, the degree of injury of the victims is not heavy, the vehicle driven by the Defendant is affiliated with the mutual aid association, the vehicle is detained for more than five months, and the Defendant has an opportunity to reflect by being detained for the period of more than five months, and all other sentencing conditions on the records, such as the Defendant’s age, character and behavior, environment, occupation, and circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate, and it is not recognized that the Defendant is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit. Thus, 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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