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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. There are extenuating circumstances, such as the following: (a) the Defendant was the first offender, and the Defendant has committed the instant crime in depth and against the wrongness; (b) the Defendant’s age was the victim’s bereaved family members; and (c) the victim’s bereaved family members did not have been punished against the Defendant.
However, the crime of this case leads to the death of the victim who was dried along the crosswalk in violation of the signals by the defendant while driving a motor vehicle, by shocking the victim on the crosswalk in the crosswalk, and the degree and result of the defendant's breach of his duty of care is very significant.
The lower court appears to have determined the sentence against the Defendant in full view of the circumstances favorable to the Defendant as seen earlier, and it does not appear to have any other reason to reduce the sentence when it comes to the trial.
In addition, considering the Defendant’s age, character and conduct, family environment, and motive, background, means, methods, and consequences leading to the instant crime, the circumstances before and after the instant crime, etc., the lower court’s punishment cannot be deemed unreasonable. Thus, the Defendant’s assertion cannot be accepted.
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.