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(영문) 부산지방법원 2019.01.11 2018노4013
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both forms of imprisonment without prison labor) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). A favorable circumstance is that: (a) the Defendant’s recognition of his/her criminal act is against the Defendant; (b) the Defendant’s vehicle is affiliated with the taxi mutual aid association; and (c) the victim’s negligence on the road where the vehicle is running on the rolling stock appears to have partly affected the occurrence of the instant accident.

However, the defendant has a duty of care to observe the speed limit and to prevent accidents by accurately manipulating the steering gear and brakes, and the negligence of the defendant who failed to fulfill such duty of care is not less than that of the accident. The degree of damage caused by the accident of this case is very serious, the defendant was unable to reach an agreement with his bereaved family members, and his bereaved family members seek strong punishment against the defendant.

The court below determined the punishment in consideration of all the above circumstances, and there is no change in the sentencing conditions that may be particularly considered in the trial.

In addition, considering the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, and equity in sentencing, etc., the lower court’s sentencing is determined to be appropriate, and it is not deemed unreasonable because it goes beyond the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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