beta
(영문) 서울중앙지방법원 2018.02.09 2017노4382

교통사고처리특례법위반(치사)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the defendant's punishment (five million won in penalty) declared by the court below.

2. The criminal liability of the Defendant is not weak in that the Defendant’s negligence in violation of the signal caused the collision of the victim to walk the crosswalk, and thereby caused the victim’s irrecoverable damage due to that negligence, resulting in the victim’s death.

However, the defendant led to the confession of the crime of this case and reflects the mistake.

In the court below, the defendant has agreed with the bereaved family and the bereaved family and the bereaved family and the bereaved family want to take the action of the defendant.

The Defendant is an initial criminal who had no record of criminal punishment prior to the instant crime.

If a judgment of probation or higher becomes final and conclusive, there is room to consider the situation that the defendant is unable to perform his/her occupation for a considerable period.

Since the family members and branch members of the defendant want to be able to keep the defendant's wife properly, the social ties of the defendant are also clear.

In full view of these circumstances, there are no special circumstances or changes in circumstances that may be newly considered in sentencing at the appellate court, and all other conditions of sentencing as shown in the records and theories of the instant case, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, etc., the sentence imposed by the lower court was excessively unfasible and exceeded the scope of reasonable discretion in sentencing.

shall not be deemed to exist.

Therefore, prosecutor's assertion is not accepted.

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