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(영문) 광주지방법원 2017.09.19 2016노4557

교통사고처리특례법위반(치사)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The Defendant is the victim’s bereaved family members under a mutual agreement with the victim’s bereaved family members.

However, the defendant caused the death by shocking the victim who intends to turn to the right at the intersection where no signal, etc. is available.

In addition, the defendant has been punished for a traffic accident even before, and has a relatively recent history of driving under drinking in 2014, which is a relatively recent year, and was charged with a violation of the Act on Special Cases Concerning Traffic Accidents in 2015.

In addition, when comprehensively considering all the sentencing conditions in the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., there is a risk that the Defendant may be unemployed due to the instant case.

In light of the result of death, the sentence of the court below is only within the reasonable scope of discretion, and it is difficult to see that it is unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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.