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(영문) 광주지방법원 2019.08.29 2019노328
교통사고처리특례법위반(치사)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence of the lower court (fine 20 million won) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The judgment of the defendant caused the death of one victim and the serious injury to other victim due to the negligence in violation of traffic signal, while the fact that the quality of the crime is bad, it is more favorable to the defendant, on the other hand, that he recognized his mistake and reflects it, that he was agreed with the victims, that the accident of this case was the first offender, that the father of the defendant was hospitalized in the hospital with his father to the end of the death of the defendant, and that the defendant was living in the hospital with his father to the end of the death of his parent, and that the defendant would have suffered considerable mental suffering. The fact that the father of the defendant was killed due to the accident of this case, and that all of his bereaved family members

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is not deemed to be too weak or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

3. All appeals filed by the prosecutor and the defendant are dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that they are without merit.

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