교통사고처리특례법위반
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and six months) is too unreasonable.
B. The Prosecutor’s sentence is too unhued and unreasonable.
2. The instant crime committed was committed by the Defendant, who is obligated to take the passengers to safely leave the destination, rather than by punishing competition with other vehicles for overtaking the passengers at a limited speed and resulting in the death of the passengers, and thus, the degree and result of the negligence was very significant. Accordingly, the victim’s bereaved family members suffering from an uncomfortable pain, and the Defendant did not reach an agreement with the victim’s bereaved family members up to the time of the trial despite the lapse of the extended period after the instant crime was committed, and the victim’s bereaved family members want to punish the Defendant with severe punishment against the Defendant is disadvantageous to the Defendant.
On the other hand, the fact that the defendant led to the crime of this case and is against the defendant, that the police investigation was deposited for the victim, that more than 5 million won was deposited in the court, that there was no history of punishment for the same crime except that sentenced to a fine twice due to the violation of the Road Traffic Act, that there was no history of punishment for the same crime, that the taxi of the defendant is affiliated with the taxi mutual aid association, and that the health of the defendant is not good for the defendant.
In light of the above circumstances, if all circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, are taken into consideration, the sentence of the lower court is deemed appropriate, and it cannot be deemed that the Defendant’s and the prosecutor’s assertion are too heavy or unreasonable. Thus, all of the arguments by the Defendant and the prosecutor are without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.