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(영문) 청주지방법원 2017.06.29 2017노319

교통사고처리특례법위반(치사)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (10 months without prison labor) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant recognized the instant crime and runs against the Defendant.

For the bereaved family members of the victim, the defendant made efforts to recover the damage by depositing a sum of KRW 20 million in the original trial and KRW 38 million in the original trial, including KRW 18 million in the original trial.

The defendant is an initial offender who has no particular criminal history.

Circumstances unfavorable to the defendant are as follows:

The defendant got a victim to cross a crosswalk as a vehicle due to negligence that did not take the front time, and even after the operation of the brake, it rather caused the victim to be pushed down by 5 meters and death. The defendant's negligence is very significant.

The defendant did not agree with the bereaved family members of the victim, and the bereaved family members of the victim want to be punished by the severe punishment of the defendant.

In addition to the above circumstances, taking into account the character, conduct, career, environment, the background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be too light or too unreasonable.

The defendant and the prosecutor's assertion are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.