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(영문) 대전지방법원 2017.07.07 2016노2437
교통사고처리특례법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight months without prison labor) is too heavy or is unreasonable.

2. The circumstances are favorable for the following: (a) the Defendant recognized the instant crime; (b) deposited considerable money for the bereaved family members of the victim at the lower court; and (c) there was no record of punishment exceeding the fine.

However, the fact that the victim died due to the instant traffic accident and the result was very serious, and that the victim's bereaved family member did not agree with the bereaved family member, and that the victim's bereaved family member want to be punished by the defendant is disadvantageous.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's assertion are without merit.

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

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