beta
(영문) 대전지방법원 2015.12.16 2015노2856

교통사고처리특례법위반등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the defendant (unfair punishment) sentenced by the court below against the defendant is too unreasonable.

B. The prosecutor (unfair form of punishment)’s sentence imposed by the court below against the defendant is too uneasible and unfair.

2. We examine both the Defendant and prosecutor’s assertion of unreasonable sentencing.

The fact that the defendant led to each of the crimes in this case and reflects his mistake, that all the victims who suffered an injury due to a traffic accident agree, that the defendant himself seems to have suffered a big injury due to a traffic accident, and that the social relationship seems to be relatively obvious is the circumstances favorable to the defendant.

On the other hand, in the occurrence of a traffic accident, the degree of violation of the defendant's duty of care in the occurrence of the traffic accident is serious, the injury suffered by the victims is deemed not to be somewhat weak, the traffic accident of this case is caused by the traffic accident of this case while operating the term "large-type vehicle" that is not covered by mandatory insurance, the one-time imprisonment with prison labor, the two-time suspension of execution, and the one-time fine for traffic-related crimes, the one-time imprisonment with prison labor, the one-time suspension of execution, the two-time suspension of execution, the one-time fine, and the one-time fine for the traffic-related crimes, and the defendant has changed the fact that the defendant was administered the narcotics due to a traffic accident, but it is difficult to view that the defendant was temporarily administered the narcotics due to the traffic accident, and the fact that the defendant continued to have been administered the narcotics since then is disadvantageous to the defendant.

In addition to the above circumstances and the circumstances leading to the instant crime, there is no change in circumstances to determine the punishment differently from the original judgment, and there is already a judgment, considering the following circumstances: (a) the background and motive leading up to the instant crime; (b) the circumstances after the crime; (c) the Defendant’s age; (d) the character and conduct, family