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(영문) 서울북부지방법원 2017.08.22 2017노1039
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is excessively unreasonable for the lower court’s punishment (the imprisonment without prison labor for eight months, the suspension of the execution of two years, the participation in the compliance driving lecture 40 hours, the community service work 120 hours).

2. The fact that the defendant recognized his criminal act and reflecteds, and that the defendant paid the victim's bereaved families with the amount of KRW 30 million, and that the above bereaved families do not want the punishment of the defendant is favorable to the defendant.

On the other hand, although the victim is negligent, the crime of this case results in the serious result of the death of the victim, the defendant was negligent in not operating the direction while bypassing the right, and the pedestrian signal was on-and-off at the crosswalk at that time, so the defendant has a duty of care to verify whether there is a person who intends to cross the crosswalk late is disadvantageous to the defendant.

In addition, taking into account the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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