특정범죄가중처벌등에관한법률위반(위험운전치사)등
The defendant's appeal is dismissed.
1. The sentence of the lower court (three years and six months of imprisonment) is too unreasonable in light of the following: (a) the Defendant reflects the instant crime; (b) agreed with the bereaved family members of the victim; and (c) there is a family member to provide support among those difficult economic circumstances.
2. Judgment on the grounds for appeal
A. Under the current Criminal Procedure Act, which takes the principle of trial-oriented and directness, there exists an area unique to the first instance court’s determination of sentencing. As such, it is reasonable to respect the first instance court’s sentencing in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The circumstances alleged by the Defendant as the factors for sentencing favorable to the grounds for appeal are deemed to have been sufficiently considered when the lower court imposed the punishment at the lower court, and there is no additional circumstance to change the lower court’s punishment at the first instance court. Moreover, even if considering the Defendant’s age, sex, environment, motive, means, and consequence of the crime, the circumstances after the crime, etc., it cannot be said that the lower court’s punishment is deemed reasonable and is too unreasonable.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.