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(영문) 광주지방법원 2017.04.19 2016노2664

교통사고처리특례법위반

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the result of the victim’s death occurred as a result of the instant crime, strict punishment against the Defendant is necessary.

However, considering the following factors: (a) the Defendant’s mistake was divided into a primary offense; (b) the Defendant agreed with the bereaved family members; and (c) the Defendant’s age, sex and environment; (d) motive, means and consequence of the offense; and (e) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the offense, etc., the sentence imposed by the lower court is deemed appropriate; (b) the sentence imposed by the Defendant is too heavy or unreasonable; and thus, (c) the Defendant and the prosecutor’s above assertion are without merit.

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