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(영문) 수원지방법원 2014.05.22 2014노757
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (for a period of four months of imprisonment without prison labor and two years of suspended execution) against the accused in the summary of the grounds for appeal is too unreasonable.

2. The following facts are favorable circumstances: (a) the Defendant’s mistake is divided into and against the Defendant; (b) the Defendant subscribed to a comprehensive insurance; (c) deposited a certain amount for the victim’s bereaved family members; and (d) there are sufficient circumstances to take into account the circumstances of the accident due to the previous accidents; (b) the victim’s death and injury has occurred on the other hand; (c) the victim’s death and injury has not been received from the victim’s bereaved family members; (d) the Defendant was not a person even though he discovered the victim who was going on the road; and (e) the Defendant was 89 meters away from the victim and led the victim’s death; and (e) the Defendant’s age, character and conduct, environment, circumstances after the crime and circumstances after the crime are taken into account; and (e) the punishment imposed by the lower court cannot be said to be excessive.

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

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