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(영문) 춘천지방법원 강릉지원 2018.05.17 2018노78
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) is too heavy or unreasonable.

2. The defendant's mistake is divided.

The victim was under the influence of alcohol on a new wall, and the occurrence of an accident is very rough and large by the victim's negligence in the occurrence of the accident.

As the defendant subscribed to mandatory insurance, about KRW 138 million has been paid to the bereaved family members of the victim.

A defendant has no record of criminal punishment, except for fines twice.

However, the crime of this case is not suitable for committing the crime of this case to have the defendant escaped without taking any measures to cause the defendant to die by shocking the victim.

Since the place where the above accident occurred is the crosswalk, the defendant's negligence that neglected the duty of the front line is also large.

The defendant did not receive a letter from the bereaved family members, and it seems that he did not make any effort to reach an agreement.

After the occurrence of an accident, the Defendant made a false statement as if M, who was the husband, made a false statement, and was discovered while driving a motor vehicle without a license after the occurrence of the accident, but the circumstances after the commission of the crime are good.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s punishment against the Defendant is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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