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(영문) 대구지방법원 2017.06.22 2016노5232
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of suspended execution in the sixth month of imprisonment without prison labor and 40 hours of compliance driving) is too unreasonable.

2. It is recognized that the defendant's mistake is against the victim's bereaved family members, and that the victim's bereaved family members agree with the victim's bereaved family members are not subject to the defendant's punishment, that the vehicle is covered by the comprehensive automobile insurance, that the defendant is the primary offender, and that the victim who drives Ortoba is also partly responsible for the occurrence of the accident without turning the headlight at night.

However, there is a large degree of criticism in that the defendant's attempt to make a U-turn in a place where a U-turn is prohibited, caused a traffic accident, and this result causes a serious result of the victim's death.

In light of the above circumstances and other conditions of sentencing as shown in the records and arguments, such as the character and conduct, the environment, and the circumstances after the crime, and the circumstances where there is no change in the conditions of sentencing compared to 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 them (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the lower court’s punishment is too unreasonable.

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

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