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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the lower court (one year of suspended sentence for six months of imprisonment without prison labor) is too unreasonable.
Judgment
The defendant reflects his mistake, the negligence of the victim who was on the three-lanes of the new wall with the defendant seems to have caused the traffic accident of this case, the defendant gives 30 million won to the bereaved family members of the victim and agrees to give 30 million won to them, the vehicle of the defendant is covered by a comprehensive insurance, and the defendant is the primary offender, etc. are favorable sentencing factors.
However, the defendant caused the shock of the victim and the death of the victim due to the negligence of violating the duty of exponcing the victim, and the nature of the crime of this case is heavy.
In addition, considering the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, and environment, as a whole, the lower court’s punishment is too unreasonable and inappropriate. Therefore, the Defendant’s assertion is without merit.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.