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(영문) 의정부지방법원 2018.09.17 2018노369

교통사고처리특례법위반(치사)등

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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 lower court (unfair sentencing) (two years and six months of imprisonment, suspension of execution, community service) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s improper claims for sentencing.

All of the crimes of this case are recognized by the Defendant, and they are in depth and reflect to their depth, the bereaved families and victims K, L,O, F, and P are not wanting to be punished by the Defendant, the bereaved families and victims of the said victim H do not want to be punished by the Defendant, the vehicle driving is covered by a comprehensive insurance, and the vehicle has no record of being punished by the same kind of crime, etc. are favorable circumstances.

On the other hand, the defendant caused an accident by negligence in violation of the signal, and as such, the victim H died, and the rest victims suffered serious injury, and the victim I, J, M, and N did not receive a letter.

In addition, in full view of all the conditions of sentencing as shown in the records and arguments of this case, including the Defendant’s age, sex, environment, health condition, circumstances after the commission of the crime, etc., the sentence imposed by the lower court was proper and the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the defendant asserts that the sentence imposed by the court below is too unreasonable or unreasonable, as the prosecutor asserts, it cannot be deemed unfair because it is too unfasible as the defendant asserts, so this part of the defendant and the prosecutor's assertion is without merit.

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