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(영문) 광주지방법원 2019.01.16 2018노3369
교통사고처리특례법위반(치사)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the treasury eight months) is too unreasonable.

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

2. The judgment is based on the following circumstances: (a) Defendant’s vehicle was covered by a comprehensive automobile insurance; (b) Defendant’s bereaved family members do not want to punish the Defendant; and (c) Defendant’s bereaved family members do not have any specific penal power other than sentenced to a fine in 2016; or (d) Defendant driven a road with a speed of 80 km per hour at the time of the instant traffic accident at the time of the instant traffic accident; (b) the Defendant’s gross negligence led to the result of the victim’s death; (c) Defendant’s previous conviction was caused by a sudden violation of the prohibition of sudden driving on the expressway and the prohibition of changing course; and (d) Defendant’s previous conviction was disadvantageous to the Defendant; (c) there was no particular change in sentencing compared to the lower court’s sentencing conditions; and (d) Defendant’s age, character, and environment was too heavy or unreasonable; and thus, each of the aforementioned arguments by the Defendant and the prosecutor are without merit.

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

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