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(영문) 전주지방법원 2017.07.24 2017노453
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment without prison labor, two years of suspended execution, and forty hours of order to attend a compliance driving) is too uneased and unreasonable.

2. Determination

A. According to our criminal litigation law, which takes the trial-oriented principle and direct principle, there exists an area unique to the first deliberation regarding sentencing, and in light of the fact that there is an ex post facto in-depth nature of the appellate court, etc., it is reasonable to respect the first instance judgment in cases where there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) The Defendant caused the instant traffic accident by negligence in violation of the signal while driving a bus, and the victim caused the serious result of the death of the victim, and the Defendant was sentenced to a fine of KRW 10,000,000 due to the traffic-related criminal record (a crime of violating the Road Traffic Act).

However, the above circumstances were already launched in the oral proceedings of the court below, and there was no special change in circumstances that could change the sentence of the court below after the decision of the court below was made, the defendant recognized the error and reflects the depth of the defendant, agreed with the bereaved family members of the victim, the defendant's vehicle was covered by the automobile comprehensive insurance (mutual aid insurance), the defendant's previous conviction was sentenced in around 1991, and the defendant did not have any other criminal conviction for the same kind, and the defendant did not have any other criminal conviction for the same kind, and other various sentencing conditions specified in the records and arguments, such as the defendant's age, sexual behavior, environment, means and consequence of the crime, etc., are deemed unfair because the sentence of the court below is too unab

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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