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(영문) 의정부지방법원 2019.11.29 2019노938
교통사고처리특례법위반(치사)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for one year, three years of suspended execution, community service, 200 hours, and 40 hours of compliance driving lectures) of the lower court is deemed to be too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The crime of this case is recognized in light of the following: (a) the Defendant committed a traffic accident, such as a traffic accident, such as a traffic accident, which the Defendant was passing a central line to overtake the vehicle that had been driven by the victim D while driving on a one-lane road; (b) died of the victim D; and (c) the other five victims suffered necessary injury for treatment between two weeks and ten weeks; and (d) the Defendant was unable to reach an agreement with the victim F until the trial.

However, the defendant confessions the crime of this case and reflects the defendant, the defendant paid 37 million won to the bereaved family members of the victim D, 30 million won to the victim L and K respectively as agreed money, and the victim M does not want to be punished against the defendant by mutual consent. The victim M is the spouse of the defendant, who is the spouse of the defendant and has no record of criminal punishment. The defendant is the first offender who has no record of change in the previous punishment. After the decision of the court below, there is no change in special circumstances to change the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime of this case.

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