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(영문) 춘천지방법원 2020.04.24 2019노505
교통사고처리특례법위반(치사)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the court below (10 months of imprisonment without prison labor and 2 years of suspended execution) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). We examine in light of the foregoing legal doctrine.

The judgment below

There is no change of circumstances to consider the sentencing of the accused after the sentence.

Although insurance money was paid to the victim C at the time of the trial, since the judgment of the court below was considered as an already favorable sentencing ground in the fact that the vehicle driving of the defendant was covered by the comprehensive automobile insurance, it cannot be said that the above payment of insurance money was changed in circumstances to consider in sentencing.

Examining the various sentencing conditions and the reasons for sentencing of the lower judgment in light of the records and arguments in the instant case, including the fact that the Defendant was at fault of the Defendant who caused a traffic accident by breaking the central line while driving a roadside in the tunnel, the occurrence of four casualties, the death of the Defendant’s wife, and the fact that the Defendant’s vehicle was paid insurance money to the victim C by a comprehensive insurance contract in which the Defendant’s driver’s vehicle was admitted, etc., the lower court’s punishment cannot be deemed unfair, even if all of the circumstances alleged as the grounds for appeal are considered.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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