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(영문) 서울동부지방법원 2017.05.12 2017노355
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of four-year imprisonment with prison labor, which the court below decided against the defendant, is too unreasonable.

2. The judgment of this case is a matter of the defendant's negligence in operating a vehicle without a driver's license and causing the death of the victim of the crosswalk in accordance with the pedestrian signals, which caused the death of the victim and the escape.

The lower court sentenced the Defendant to a four-year imprisonment, taking into account the following circumstances: (i) the Defendant was favorable to the Defendant; (ii) the instant accident was committed in violation of the depth; (iii) there was no history of having been subject to heavy punishment, other than the punishment of fines imposed twice; (iv) the bereaved family members and bereaved family members of the victim did not want the Defendant’s punishment; and (iv) the instant accident was caused by the Defendant’s total negligence without the victim’s fault; and (iv) the result of the victim’s death occurred.

In general, the sentencing of the lower court seems to have been appropriately determined by fully considering these points, and it is difficult to find out other special circumstances to change the sentence of the lower court.

Ultimately, the defendant's argument of sentencing is without merit.

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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