교통사고처리특례법위반(치사)
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that there are circumstances to consider the occurrence of the instant traffic accident, such as the Defendant’s violation of the instant crime and the absence of headlights from the victim, among the parked vehicles, etc., and that considerable damage has been recovered due to the comprehensive motor vehicle insurance, etc., the lower court’s punishment (10 months without prison labor) is too unreasonable.
2. Judgment on the grounds for appeal
A. Under the current Criminal Procedure Act, which takes the principle of trial-oriented and directness, there exists an area unique to the first instance court’s determination of sentencing. As such, it is reasonable to respect the first instance court’s sentencing in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The circumstances alleged by the Defendant as the factors for sentencing favorable to the grounds for appeal are deemed to have been sufficiently considered when the lower court imposed the punishment at the lower court, and there is no additional circumstance to change the lower court’s punishment at the first instance court. Moreover, even if considering the Defendant’s age, sex, environment, motive, means, and consequence of the crime, the circumstances after the crime, etc., it cannot be said that the lower court’s punishment is deemed reasonable and is too unreasonable.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.