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(영문) 창원지방법원 2020.01.30 2019노1856
교통사고처리특례법위반(치사)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (10 months) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible.

2. The Defendant: (a) shocked the victims of a road into a motor vehicle and caused their death.

Considering the fact that the victim gets a road at a place other than the crosswalk, the place where the instant traffic accident occurred is near the crosswalk, the victim was flicking the road after examining whether the motor vehicle is coming from the crosswalk, and the defendant seems not to have attempted to avoid the accident by taking the action immediately before the accident. Considering the fact that the serious result of the victim's death occurred due to the instant traffic accident, the criminal liability of the defendant is heavy.

The defendant was not admitted from the bereaved family members of the victim, and the bereaved family members are trying to severely punish the defendant.

On the other hand, the defendant shows the attitude of recognizing and opposing the wrongness.

The Defendant is an initial offender who has no criminal record.

Defendant

Since driving vehicles are covered by comprehensive insurance, some damage recovery was made.

After the traffic accident of this case, the defendant should not drive again, and voluntarily scrapped the vehicle and returned the driver's license.

The defendant shall support his wife who is economically difficult and economically in an old age and whose health is not good.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, background of the crime, circumstances after the crime, record of the crime, etc., various conditions of sentencing as indicated in the instant records and arguments, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Sentencing Committee of the Supreme Court ( safe - 2 years), etc., the lower court’s sentence against the Defendant is too heavy or unreasonable.

3. Article 364 of the Criminal Procedure Act provides that the appeal filed by the defendant and the prosecutor is groundless.

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