logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.03.03 2016노3972
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (unfair sentencing) is unreasonable in light of the following: (a) the Defendant neglected his/her duty at the front time to cause a traffic accident leading to the death of the victim I; and (b) the nature of the crime is poor; (c) the Defendant transferred all responsibility to the victim I and does not reflect it; and (d) the bereaved family members of the victim I want to punish the Defendant; and (e) the Defendant’s bereaved family members of the victim I want to be punished.

2. The fact that a traffic accident occurred by the defendant's negligence, resulting in the death of the victim I, and the fact that the victim I did not agree with the victim I's bereaved family is a disadvantage to the defendant.

On the other hand, the degree of negligence of the defendant at the time of the case

It is difficult to see that the intention of escape was weak, and that it appears that the defendant had the intention of escape due to the accident of contact, that the defendant subscribed to comprehensive insurance and driver insurance, and thus compensation for the bereaved family members of the victim I would be made through the insurance, that the victim K of the traffic accident reached an agreement with other victims of the traffic accident, and that the court below decided the sentencing of the defendant through the citizen participation trial. The court below determined the sentencing of the defendant by taking into account all the circumstances, including the fact that the nine jurors who participated in the verdict, paid the opinion of suspension of execution, and all other circumstances, including the defendant's age, sex, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

arrow