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(영문) 수원지방법원 2018.10.10 2018노4708

교통사고처리특례법위반(치사)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and four months of imprisonment without prison labor) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In the instant accident, there are circumstances unfavorable to the Defendant, such as the death of two victims, the occurrence of fatal results by one person injured, the negligence of the Defendant was serious, and the fact that one person was unable to receive a letter from the bereaved family members of the deceased victims.

However, the fact that the defendant recognized his mistake and reflects his depth, that the victim F's negligence seems to have given some reason for the occurrence and expansion of damages, that there was an agreement with the victim I, that there was no history of punishment for the same crime, that there was no history of criminal punishment for about 10 years, that the vehicle of this case is covered by the comprehensive insurance, that the social relationship is clear, etc., are favorable to the defendant.

In addition, considering the Defendant’s age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or is not unreasonable because it is too heavy. Therefore, the Defendant and the prosecutor’s assertion are without merit.

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.