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(영문) 광주지방법원 2016.11.01 2016노2469
교통사고처리특례법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (10 months without prison labor) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant, while the prosecutor filed each appeal by asserting that it is too unhued and unreasonable.

(2) The public prosecutor stated that the taxi mutual aid association in which the defendant was admitted shall pay 240 million won to his bereaved family members, and that the defendant also deposited 40 million won for his bereaved family members.

However, in 195 and 2009, the Defendant caused a traffic accident in 199 and 2009, resulting in the victims' maximum 6-oriented injury. At the time, the victims were 2 years of age and 5 years of age, but all young children were punished by a fine.

Nevertheless, in this case, even if we look at the right side of the previous road, the victim who frighted on the front side, but going beyond the speed limit without lowering the speed on the road on which there is no side, resulting in the death of the victim who is 12 years of age on the side, which could not be complied with.

As a result, bereaved families, including parents of victims, have suffered from difficult mental suffering to recover throughout their lives and have been punished for defendants.

Considering that there is no change in the sentencing conditions in the trial, the seriousness of the negligence of the defendant, the possibility of recovery, the intention of the bereaved family, and the court, there is a circumstance that the defendant is an offender of negligence and that it is difficult to lead a prison life due to multiple diseases.

Even if the court below's punishment determined against the defendant is within the reasonable scope of discretion and is not deemed to be too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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

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