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(영문) 대구지방법원 2018.07.20 2018노1516
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (10 months without prison labor) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflected, agreed with the victim’s bereaved family members, and the victim was grossly negligent in the occurrence of the instant traffic accident.

However, the traffic accident in this case led to the death of the victim, and it is also recognized that the defendant committed the same kind of crime on September 27, 2017, even though he was sentenced to imprisonment without prison labor for one year and six months, and three years of suspended execution due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) from the Daegu District Court Racing Support for the traffic accident on April 11, 2017.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, 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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