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(영문) 대전지방법원 2016.06.23 2015노3508
교통사고처리특례법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (the year of imprisonment without prison labor for eight months and the year of suspended execution) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible and unreasonable.

2. The circumstances are favorable, such as the fact that the Defendant’s mistake is against himself, the Defendant appears to have made efforts to recover damage by depositing KRW 40,000 for the victim’s bereaved family members and depositing KRW 10,000 for the victim’s bereaved family members in the original trial, and the fact that the Defendant has no record of punishment.

However, the crime of this case was committed by negligence by the defendant causing a traffic accident and causing the death of the victim, and the liability for the crime was not less severe, and the defendant did not properly deliver the victim's mental suffering to the extent that the victim's bereaved family members suffered from the crime of this case even though considerable time has passed from the time of the crime of this case, so it did not receive a letter from the victim's bereaved family members. Accordingly, the victim's bereaved family members failed to submit a letter of consent to recovery of deposit money deposited by the defendant for the victim's bereaved family members at the trial, and they want to be severely punished by the defendant several times, which are disadvantageous to the defendant. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, occupation, environment, motive, means, and result, before and after the crime of this case, the sentencing judgment of the court below exceeded the reasonable limit of discretion.

It does not seem that it does not appear.

Therefore, since it is not considered that the sentence of the court below against the defendant is too heavy or it is unfair because it is too heavy, the defendant and the prosecutor's improper argument in sentencing are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, Article 364 (4) of the Criminal Procedure Act is not applicable.

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