beta
(영문) 의정부지방법원 2016.04.05 2016노417

교통사고처리특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months) is too unreasonable.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, the vehicle driven by the Defendant is covered by a comprehensive insurance, the Defendant deposited KRW 5 million for the victim at the lower court, and the Defendant’s health status is not good.

B. However, in full view of the following circumstances: (a) the occurrence of a serious consequence of the death of the victim due to a traffic accident due to the Defendant’s negligence; (b) however, there was no agreement between the Defendant and the bereaved family members; (c) there was no special change of circumstances after the pronouncement of the lower judgment; and (d) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background, and circumstances after the commission of the crime, even if considering the aforementioned circumstances favorable

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.