logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.09.20 2017노35
교통사고처리특례법위반(치사)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The sentence of the lower court (two years of suspended execution in the imprisonment without prison labor for a year and two months, and one hundred and twenty hours of community service order) is too heavy or unreasonable.

2. The circumstances are favorable, such as the fact that the Defendant recognized the instant crime, the primary offender, the agreement with the bereaved family members of the victim G, and the fact that the victim E’s negligence with excessive speed appears to have contributed considerable to the occurrence of the instant accident and the expansion of damages.

However, due to the instant accident, the death of two victims and the result was very serious, and the bereaved family members of the victim E did not agree with the bereaved family members, and the said bereaved family members want to punish the Defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's assertion are without merit.

3. As such, the appeal 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