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(영문) 부산지방법원 2016.09.09 2016노2184
교통사고처리특례법위반
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 (ten months of imprisonment without prison labor and two years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence (10 months of imprisonment without prison labor, 2 years of suspended execution) is too unhued and unreasonable.

2. The judgment of this case is an unfavorable circumstance to the defendant for the following reasons: (a) the defendant did not regard the victim crossing the road in front of the road and received it as is and caused the result of the victim’s death; and (b) the child, who is the bereaved family of the victim, demanded a strict punishment against the defendant.

However, it is necessary to respect the judgment of the court below because there is no change in the sentencing conditions compared with the court below because new sentencing data are not submitted in the trial at the court below. The defendant reflects the defendant's depth in the crime of this case, the defendant's negligence of the victim who illegally crossed the crime of this case in violation of the signal is not less severe, the defendant has no same criminal record and no specific criminal record other than the fine of 2, the defendant has agreed with the mother of the victim among his bereaved family members, the vehicle operated by the defendant is affiliated with the National Federation of taxi Transport Business Association of Korea. The health condition is not good enough to the extent that the defendant has to undergo a single extension of the defendant's vehicle once in this frame, there is no risk of repeating a crime, the defendant is hard to economic situation as a basic life recipient, and the circumstances and result of the crime of this case, the circumstances and consequences of the crime of this case, the defendant's character and behavior, the environment, age records and arguments of this case, etc. are too heavy or unreasonable.

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

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