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(영문) 광주지방법원 2017.10.18 2017노1959
교통사고처리특례법위반(치사)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The facts that the Defendant led to the confession of each of the instant crimes and reflects his mistake, there are circumstances that may be some of the circumstances to consider the occurrence of the instant traffic accident, and that the Defendant has no record of punishment exceeding the fine.

On the other hand, there is a serious result of the death of the victim due to the instant traffic accident, and the fact that the defendant was unable to reach an agreement with the bereaved family of the victim up to the trial of the party, etc. is disadvantageous.

In addition, since there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment, the following facts are comprehensively considered in light of the records and various sentencing conditions indicated in the instant case, including the background of each of the instant crimes, the circumstances after the commission of the crime, the Defendant’s environment, etc., the lower court’s punishment is too heavy or it is deemed unfair as it is fluent. Therefore, the above assertion

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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