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(영문) 수원지방법원 2018.03.30 2017노9285
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. The lower court, in light of the circumstances favorable to the Defendant, took into account the following factors: (a) considering the fact that the Defendant is against the Defendant; (b) taking account of the fact that the Defendant was purchasing a comprehensive motor vehicle insurance policy; (c) under the unfavorable circumstances against the Defendant, the victim’s negligence led to death; and (d) the victim’s bereaved family members, who are the network, did not receive a letter from the victim; and (e) took into account all the factors of sentencing, including

The sentencing of the lower court appears to have been conducted within the reasonable scope by fully taking into account the above conditions of the sentencing, and there is no special change in circumstances that may be assessed differently from the sentencing conditions of the lower court up to the trial. Therefore, it is difficult to view that the lower court’s sentence is unfair 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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