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(영문) 대전지방법원 2018.02.01 2017노2239

교통사고처리특례법위반

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (five months) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination is the circumstances favorable to the defendant that the defendant recognized the crime of this case and reflects the mistake, that the victim seems to be negligent in the occurrence of a traffic accident, that the vehicle driven by the defendant was covered by comprehensive insurance, and that the defendant has no record of punishment for the same crime.

On the other hand, the fact that the degree of injury suffered by the victim due to the defendant's crime of this case was serious, that the defendant did not agree with the victim, that the victim's bereaved family expressed his/her intent to punish the defendant, and that the defendant was absent several times on the date of the original sentence is disadvantageous to

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sex, environment, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s sentence against the Defendant cannot be deemed to be too heavy or unreasonable since it is too heavy to the Defendant’s sentence, and thus, the Defendant and the Prosecutor’s argument of unfair sentencing is 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.