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(영문) 전주지방법원 2017.06.30 2017노288
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment without prison labor, two years of suspended execution, two years of community service order, 120 hours of community service order, and 40 hours of lecture for compliance driving) is too uneased and unreasonable.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that there is a change in the conditions of sentencing compared to the first instance court, and that the first deliberation sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The Defendant caused the instant accident by negligence, which caused the death of the victim while driving a bus, caused the serious consequence that caused the death of the victim, and that the Defendant was sentenced twice a fine due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

However, the above circumstances were already launched in the oral proceedings of the court below, and there is no special change in circumstances that could change the sentence of the court below after the court below was sentenced, the defendant's mistake and reflects the depth of the defendant, the defendant's bereaved family members, the defendant's vehicle was agreed with the victim's bereaved family members, and the om is standing in the crosswalk due to the victim's failure to reduce speed, so the circumstances of the accident may be somewhat considered, and the second accident that the victim sent the victim to the hospital after the accident occurred is likely to occur. The defendant was dismissed from the bus company due to the crime of this case, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sex, behavior, environment, family relationship, means and consequence, etc., are considered, and the punishment of the court below is too unreasonable.

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