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(영문) 전주지방법원 2018.04.13 2017노1593
교통사고처리특례법위반(치사)
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 (the imprisonment without prison labor for eight months) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The crime of this case is a case involving a victim who was crossing the road due to occupational negligence, which did not properly look at the front side while driving Oralba, resulting in the death of the victim, and the quality of such crime is not weak, and the victim's bereaved family members want to be punished by the defendant's severe punishment on account of the victim's failure to agree with the victim's bereaved family members up to the trial.

On the other hand, the fact that the defendant recognized the crime of this case and commits the mistake in depth, there is no record of criminal punishment heavier than the fine before, and the fact that the victim's bereaved family has been covered by the motor vehicle comprehensive insurance, and the insurance money has been paid to the victim's bereaved family is favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., as seen above, the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, each appeal filed by the defendant and the prosecutor is without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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