(영문) 수원지방법원 2018.04.27 2018노1592 | 리걸엔진

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(영문) 수원지방법원 2018.04.27 2018노1592

교통사고처리특례법위반(치사)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment of the court below (one year and four months of imprisonment without prison labor) is too excessive and unfair, and the prosecutor asserts that the sentence of the court below is too unhued and unfair.

2. The lower court determined the Defendant by taking account of the following factors: (a) the Defendant’s favorable circumstances in favor of the Defendant: (b) the Defendant took into account the following factors: (c) the Defendant was breaking and reflecting the instant crime in depth; (d) the victim D appears to have been driving in excess of the speed limit; and (e) the taxi operated by the Defendant was affiliated with the Federation of taxi Transport Business Associations of Korea; (c) the Defendant was sentenced to the suspension of the execution of imprisonment due to fraud in around 1995; and (d) the Defendant had no criminal record from the date of the instant crime to the date of the instant crime; and (e) the Defendant was subject to death and injury due to the occurrence of the instant accident in the course of illegal internship due to the unfavorable circumstances against the Defendant; and (e) the Defendant was unable to reach an agreement with the victim’s bereaved family members or the victim’s F; and (e) the Defendant’s punishment against the Defendant by taking into account the Defendant’s age, sex, career, background and consequence of the instant crime;

The sentencing of the lower court appears to have been conducted within the reasonable scope by fully taking into account the above conditions of the sentencing, and there is no change in circumstances that make it difficult to view that the lower court’s punishment is too heavy or unreasonable due to the absence of any change in circumstances that are different from the sentencing conditions of the lower court until the appellate court is in the first instance.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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

유사 판례

-광주지방법원 2017.06.22 2016노2457

-수원지방법원 2018.04.06 2018노947

-부산지방법원 2016.04.29 2015노3889

-인천지방법원 2017.07.07 2017노840

-부산지방법원 2018.01.12 2017노4159