(영문) 전주지방법원 2016.11.25 2016노1453 | 리걸엔진

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(영문) 전주지방법원 2016.11.25 2016노1453

교통사고처리특례법위반(치사)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (e.g., in a case of imprisonment without prison labor) by the lower court, the Defendant asserts that the Defendant is too unfasible, and that the prosecutor is too unfasible and unfair.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) there was no past history of criminal punishment or criminal punishment heavier than a fine for the same crime; (c) the victim walking along the crosswalk in the red-fluoring signal appears to be partially responsible for the occurrence of traffic accidents and the expansion of damage; (d) the victim’s bereaved family members deposited KRW 30 million for the purpose of the victim’s bereaved family members; and (e) the Defendant’s family members and branch members want the Defendant’s prior wife.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the following: (a) the occurrence of a traffic accident involving a victim who has dried a crosswalk at a speed exceeding 39.3 km per hour; (b) the occurrence of a serious consequence of the death of the victim due to the traffic accident of this case; (c) the occurrence of a serious mental suffering of the victim's bereaved family members; and (d) the victim's bereaved family members want to punish the defendant with severe punishment.

In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, character and conduct, and environment, etc. as well as the various sentencing conditions shown in the instant records and arguments, it seems that the lower court’s punishment is too heavy or unreasonable. Therefore, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

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