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(영문) 수원지방법원 2019.01.30 2018노7559
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the court below (10 months) is too unreasonable.

2. The following are circumstances that are favorable to the Defendant: (a) the Defendant’s reflects the crime; (b) there is no penalty exceeding a fine; (c) the victim, who illegally crossed the vehicle, appears to have been negligent due to the occurrence of traffic accidents or the expansion of damage; (d) the vehicle of the Defendant was admitted to L; and (e) the fact that the ter seems relatively clear social ties, such as the fla

Meanwhile, there are circumstances unfavorable to the defendant, such as the fact that the crime of this case resulted in the serious result of the death of the victim, the fact that there is punishment power due to the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury), and the fact that the victim

Considering the above circumstances and the Defendant’s occupation, family relation, age, character and conduct, environment, circumstances before and after the commission of a crime, etc., the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by fully taking account of the conditions of sentencing, and there is no change in the sentencing conditions to deem that maintaining the sentencing of the lower court is unreasonable (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). It is difficult to deem that the lower court’s sentence is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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