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(영문) 서울서부지방법원 2016.08.25 2016노711

교통사고처리특례법위반

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The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years’ imprisonment without prison labor) on the gist of the grounds of appeal is too unreasonable.

2. There are circumstances that may be considered in light of the circumstances, such as: (a) the confession and reflect of the instant crime; (b) the economic situation of the Defendant is difficult; and (c) the Defendant’s wife and his/her child’s health is not good.

However, this case is a case where the defendant driven a narrow road where pedestrians frequent at a rapid speed and caused the death of the victim by shocking the victim, which led to the death of the victim, and the degree of breach of duty of due care is not less severe, and the result of the crime is very serious, and the mental impulse suffered by the bereaved family members of the victim due to the death of the young youth who has not been exposed, and the damage recovery or agreement is not properly reached, and the defendant has been punished four times due to the crime such as driving of drinking, driving without a license, and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and the punishment of the court below is judged appropriate, taking into account all the sentencing conditions stated in the arguments and records, such as the fact that the defendant committed the crime of this case without being aware of the fact that he committed the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc. at the time of the crime.)

The defendant's argument of sentencing 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.