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(영문) 서울중앙지방법원 2019.09.27 2019노1539
교통사고처리특례법위반(치사)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year and four months) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Although the Defendant, as a person engaged in taxi driving business, has a duty to observe traffic regulations thoroughly, the Defendant caused the instant traffic accident while making a left-hand turn in violation of the signal, which led to a very serious consequence, such as the death of taxi passengers and the injury of three passengers on a bus or a car.

Furthermore, in light of the fact that the bereaved family members of the victim who died up to the trial of the party, were punished for the defendant, it is inevitable to impose severe punishment on the defendant.

Meanwhile, the circumstances are that the Defendant agreed with the victim F who suffered serious injury, the injury of two victims on a bus seems to be very serious, and the civil damages against the victims through the Korea R&C, etc. seems to be compensated for through the Korea R&C, and the Defendant is also in the instant traffic accident, and there is no record of any criminal punishment after around 1980, nor there is no record of punishment exceeding the fine.

In addition, considering the circumstances surrounding the instant traffic accident (including the developments leading up to the occurrence of the heavy result, such as wearing a safety bell) and the degree of fault of the defendant, character and conduct of the defendant, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below cannot be deemed to be too heavy or unreasonable because it goes beyond the reasonable scope of discretion.

The defendant and prosecutor's assertion of unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the Defendant and the prosecutor are without merit.

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