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(영문) 서울북부지방법원 2018.11.23 2018노1425
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in August) is too unreasonable.

2. The lower court determined that: (a) under favorable circumstances such as the Defendant’s primary criminal history without any history of criminal punishment; (b) the victim was under the influence of alcohol and was crossing the road without permission under the influence of alcohol; (c) the Defendant subscribed to a motor vehicle comprehensive insurance; (d) the Defendant’s turn the two-lane road at a speed of 68km speed at a speed of 50km speed; and (e) the victim was driving the road at a speed of 68km at a speed; and (e) the victim was driving the road at a speed of 68km speed at a speed of speed; and (e) the victim was at a speed of sliding, the Defendant was able to find the victim and to take measures such as reducing speed immediately before the collision, but the victim did not find the victim at all until the collision; and (e) the victim was unable to receive the victim’s written consent from his bereaved family members; and (e) the victim’s bereaved family members did not receive the victim’s recommendations for a traffic accident that is disadvantageous to the victim.

In light of the sentencing conditions acknowledged by the court below, since the sentencing of the court below seems to be within the scope of reasonable discretion, and there is no change in the sentencing conditions compared to the court below in the first instance, the sentencing of the court below cannot be deemed to be unfair because the sentencing of the court below is too unreasonable.

The Defendant’s assertion is difficult to accept.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so ordered.

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