Text
All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (the treasury eight months) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
When the signal has already been changed to yellow light, etc., the defendant is proceeding at a rapid speed in order to pass through the intersection immediately.
The instant accident occurred.
The victim caused the loss that cannot be frightened to the victim due to the death of the victim.
The bereaved family members of the victim did not reach an agreement with the bereaved family members, and the bereaved family members of the victim want to severely punish the defendant.
However, there are the following favorable circumstances for the defendant.
The Defendant recognized all of his mistake and is in profoundly against his will.
Prior to the instant case, the Defendant seems to have lived faithfully without having been punished.
The Defendant subscribed to a comprehensive insurance policy in relation to vehicles involved in accidents.
The accused shall support the aged.
The fault of the victim seems to have contributed to the accident of this case.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive and background, means and consequence of the commission of the crime, circumstances after the commission of the crime, and all of the sentencing conditions and records, such as the record of the crime, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.
We do not accept prosecutor's and defendant's arguments.
3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.