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(영문) 부산지방법원 2018.11.16 2018노2428
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable for the lower court’s sentence (one year of imprisonment without prison labor, two years of suspended sentence, one hundred and twenty hours of community service order, and forty hours of order to attend a compliance driving lecture).

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the crime is recognized and against the victim, the victim’s bereaved family members and the victim agreed smoothly with the victim, the victim’s fault was committed while crossing the road on the five-lane road without permission, and the victim’s fault was also significant in the occurrence of the accident of this case.

On the other hand, however, it is unfavorable that the defendant's negligence of driving the speed exceeding 20 km in the heart where it is difficult to secure the view of view is less than that of the defendant. The occurrence of serious consequences leading to the death of the victim of the accident in this case, and there is a record of being sentenced to two times suspended sentence due to the same crime.

The court below determined a punishment in consideration of all the above circumstances, and there is no change in the conditions of sentencing on the grounds that new sentencing materials have not been submitted in the trial.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, as well as various other circumstances, which form the conditions for sentencing as indicated in the instant records and theories of change, such as the circumstances after the crime, the lower court’s punishment is deemed reasonable, and is excessively heavy, beyond the reasonable scope of discretion.

It does not seem that it does not appear.

The defendant's argument in sentencing is not accepted.

3. 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 groundless.

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