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(영문) 수원지방법원 2018.11.07 2018노4787
교통사고처리특례법위반(치사)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year’s imprisonment without prison labor) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. Circumstances favorable to the Defendant: (a) the fact that the Defendant reflects the crime; (b) there is no punishment history; (c) the fact that the Defendant’s driver’s vehicle has subscribed to a comprehensive motor vehicle insurance policy; and (d) there is a family member to support; (b) the fact that the instant crime resulted in a serious consequence of the death of the victim; and (d) the fact that the victim did not agree with the bereaved

When comprehensively considering the above circumstances and the Defendant’s age, occupation, sex, environment, family relationship, circumstances before and after the commission of the crime, etc., the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion, and there is no change in sentencing conditions to deem that maintaining the judgment of the lower court is unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the lower court’s punishment is unfair because it is too unreasonable because it 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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