(영문) 의정부지방법원 2016.10.28 2016노2054

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(영문) 의정부지방법원 2016.10.28 2016노2054

교통사고처리특례법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years’ imprisonment without prison labor) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The crime of this case committed by the Defendant without stopping in front of the crosswalks, resulting in death by shocking the victim of 12 years of age who was standing a bicycle on the part of the Defendant, riding a bicycle on the part of the Defendant, and cutting the bicycle exclusive road. In light of the degree of the Defendant’s negligence and the gravity of the result, the crime is not good, and the victim’s bereaved family members did not yet agree with the victim, and the victim’s bereaved family members still want to take severe punishment against the Defendant, etc., are disadvantageous to the Defendant.

However, considering the following circumstances: (a) the Defendant appears to have committed the instant crime; (b) the vehicle driven by the Defendant was subscribed to a mutual aid association; (c) there was no record of being punished for the same kind of crime; and (d) there was no other penalty force other than the punishment imposed once around 1992; and (c) the lower court appears to have determined the punishment by fully taking into account the various circumstances of the Defendant; and (d) there were no other circumstances to deem that the lower court’s sentencing is remarkably unfair, the lower court’s punishment is determined by comprehensively taking into account all the favorable circumstances such as the balance of sentencing with the case of the same or similar type of crime, the Defendant’s age, character and behavior, environment, background and method of the crime; (c) circumstances after the crime was committed; and (d)

Therefore, the defendant and prosecutor's argument 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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