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(영문) 대구지방법원 2017.12.07 2017노4353

교통사고처리특례법위반(치사)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (eight months) is too unfasible, and the prosecutor is too unfased and unfair.

2. The occurrence of a serious result of the victim’s death by the instant accident caused by the Defendant, and the fact that the Defendant was unable to receive a letter from the victim’s bereaved family is disadvantageous.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects it, and that driving vehicles are covered by the comprehensive motor vehicle insurance is favorable.

In full view of the above circumstances, such as the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc., and the conditions of sentencing as indicated in the records, such as the sentencing conditions indicated in the records, including the circumstances after the crime, and the first instance court where there is no change in the conditions of sentencing compared with the court of first instance, and where the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the sentence imposed by the court below is deemed appropriate, and it is not deemed unfair because the sentence imposed by the defendant is too heavy or unab

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