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(영문) 전주지방법원 2017.06.30 2017노290
교통사고처리특례법위반(치상)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (200,000 won 6,000 won) is too unreasonable.

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

2. Determination

A. According to our criminal litigation law, which takes the principle of trial-oriented and directness, there exists an area unique to the first deliberation on sentencing in light of the fact that sentencing exists in the court of first instance, and the fact that there is no change in the conditions of sentencing compared to the first instance court, and the first deliberation sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (B) The instant crime was committed by the Defendant, while driving a taxi, caused a traffic accident by negligence while the Defendant violated the direction of the sign prohibiting the left-hand turn while driving the taxi, resulting in injury to the victimized vehicle driver and the taxi driver, and the taxi passenger, and the victim G, who is a passenger, suffered an injury with heavy attention of 14 weeks.

On the other hand, the fact that the defendant's mistake is recognized, the defendant appears to have caused damage to the victims (the defendant was in the first instance and paid 50,000 won to the victim G as nursing expenses), the victims are not subject to punishment against the defendant, the vehicle of the defendant was subscribed to the comprehensive automobile insurance (mutual aid insurance) and there is no record of criminal punishment against the defendant, etc. are favorable to the defendant.

In full view of all the factors of sentencing indicated in the records and theories of the instant case, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment cannot be deemed to be too minor or unreasonable.

Therefore, the argument that the sentencing of the prosecutor and the defendant is unfair is rejected.

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