교통사고처리특례법위반
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment without prison labor, two years of suspended execution, and forty hours of compliance driving) is excessively unreasonable.
2. The judgment of the defendant is against the defendant's wrong recognition of his/her mistake, the victim's bereaved family members do not want criminal punishment against the defendant by mutual consent with the victim's bereaved family members, the vehicle driven by the defendant is covered by comprehensive insurance, and the defendant's old age is favorable to the defendant
However, the crime of this case was committed by the defendant while driving a road with yellow on-and-off signal, etc. on which crosswalks are installed, resulting in the death by shocking the damaged person of the crosswalks by neglecting his duty at the front time, and the quality of the crime was not somewhat weak. The occurrence of the result of the death of the victim due to the accident of this case, etc. is disadvantageous to the defendant.
When comprehensively considering the above circumstances and the overall sentencing conditions of Article 51 of the Criminal Act, which were revealed in the records and changes of the instant case, the lower court’s punishment is too unreasonable.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.