교통사고처리특례법위반(치사)
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (10 months) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.
The lower court determined the Defendant’s punishment in consideration of the following circumstances confirmed through the overall purport of records and pleadings:
The favorable normal circumstances: ① the defendant is led to the confession and reflect of the defendant; ② the accident scene appears to have been somewhat congested at the time; ③ the normal condition that is unfavorable to the defendant being admitted to a comprehensive insurance policy is different from the location of the accident at the crosswalk and the victim is proceeding considerably in the crosswalk (in other words, there are no circumstances such as the victim's own appearance). The defendant's negligence is not less complicated; ② the serious result of death of the accident in this case occurred; ② the defendant was under suspicion of the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (no prosecution right) by causing a traffic accident on August 2016; ② the defendant was under a comprehensive insurance policy and was under a non-prosecution disposition (no prosecution right) and caused the accident in this case; ③ the defendant did not receive a letter from the victim's bereaved family; ③ the court below's reasonable discretion to determine the sentencing of all the above circumstances, including materials added to the above circumstances, exceeded all reasonable sentencing limits, even if it can be confirmed through the entire records.
It does not seem unfair to maintain the judgment of the court below as it is.
Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.
3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and thus, Article 364 (4) of the Criminal Procedure Act is not applicable.