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(영문) 광주지방법원 2017.10.17 2017노86

교통사고처리특례법위반(치사)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. The Defendant, who is in compliance with and is driving the signal, shocked the victim without permission while driving the signal, and the bereaved family members and the bereaved family members do not want punishment against the Defendant.

Meanwhile, the Defendant caused the death of the victim, thereby causing the injury to the victim and his bereaved family members.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.