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(영문) 광주지방법원 2018.05.15 2017노4293
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (6 months of imprisonment without prison labor and one year of suspended execution) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant is the primary offender, the recognition of and reflects on the instant crime, the agreement with the victim’s bereaved family members, and the fact that the victim’s negligence contributed to the occurrence of the instant traffic accident is more favorable.

However, it is disadvantageous that the result of the death of the victim was caused by the over-speed of the defendant who has exceeded 40km/h of speed, and the result of the death of the victim is disadvantageous.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

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 without merit. It is so decided as per Disposition.

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