logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.08.16 2019노1114
교통사고처리특례법위반(치사)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year’s imprisonment without prison labor) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant has the following disadvantageous circumstances:

The defendant, while driving a cargo vehicle and driving the vehicle at an intersection, caused a traffic accident that leads to the shock of the wheel-dong and the driver of the wheel-dong and the victims of the same passenger due to the accident. The defendant's negligence on the occurrence of the traffic accident is serious and the result of the traffic accident is significant.

The defendant did not reach an agreement with his bereaved family members.

On the other hand, the defendant has the following favorable circumstances.

The defendant recognized the crime of this case and is against the law.

There is no record of criminal punishment except that the defendant has been punished by a fine due to a violation of the Road Traffic Act in 192.

There are many family members who should support the defendant.

In light of the circumstances favorable to the Defendant and the unfavorable circumstances, and the fact that there is no change in the sentencing conditions compared with the original judgment as the new sentencing data was not submitted in the first instance court, it cannot be said that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is 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.

arrow