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(영문) 대구지방법원 2017.08.10 2017노2208
교통사고처리특례법위반(치사)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the reasons for appeal, the defendant asserts that the court below's punishment (one year and six months of imprisonment with prison labor) is too uneasible, and the prosecutor is too uneasible and unfair.

2. On July 22, 2016, the Defendant, by negligence, escaped from a traffic accident involving three victims. On August 16, 2016, the Defendant committed a crime resulting in the death of two victims who were on board a horse or a horse or a horse, and committed a crime resulting in the death of all victims.

The negligence of the defendant caused two or more severe consequences of the death of the victim, and the victim of the death did not receive an application from his/her bereaved family members.

In the past, the defendant was sentenced to a fine due to the crime of bodily injury resulting from escape.

The criminal liability of the defendant is very heavy.

On the other hand, the fact that the defendant recognized each of the crimes of this case and reflected against the defendant, that the above victims did not want the punishment of the defendant, that the degree of injury of the victims of the bodily injury resulting from escape is relatively minor, that the vehicle was covered by a comprehensive insurance, and that there was no criminal record other than fines, etc. are recognized as favorable circumstances for the defendant.

In full view of the above circumstances and other conditions of sentencing as indicated in the records, such as the Defendant’s age, sex, environment, background leading to the commission of the crime, circumstances after the commission of the crime, etc., and the fact that it is reasonable to respect the sentencing of the first instance court where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the sentence imposed by the lower court is deemed appropriate, and it is not deemed unfair because it is too heavy or unfeasible.

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 ordered as per Disposition.

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