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(영문) 광주지방법원 2017.07.04 2016노2989
교통사고처리특례법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. The judgment of the defendant is only a fine imposed on the defendant for committing a different kind of crime prior to about 20 years, and the bereaved family members and the bereaved family members do not want the punishment of the defendant by mutual consent when the defendant's bereaved family members and the bereaved family members have reached the first instance.

On the other hand, the defendant continued in the vicinity of the bus platform and caused the death of the victim, and caused a relatively heavy negligence and the victim and his bereaved family to suffer damage.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

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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