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(영문) 수원지방법원 2018.08.22 2018노2837
교통사고처리특례법위반(치상)
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 (the imprisonment without prison labor for eight months) is too unreasonable.

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

2. The Defendant’s negligence led to a serious result leading to the human condition of the victim, and the victim’s family members who did not reach an agreement with the victim and want to be punished against the Defendant is disadvantageous to the Defendant.

However, when the defendant was in the first instance, it is favorable to the defendant, such as the fact that the defendant committed the crime in this case, and that the defendant is the first offender.

In addition, considering the Defendant’s age, sex, environment, family relationship, motive and circumstance of the offense, means and consequence, etc., the lower court’s punishment is too heavy or is not unreasonable because it is too heavy, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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