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(영문) 대구지방법원 2016.05.19 2015노2797

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment without prison labor for eight months, the suspension of the execution of two years, the community service order 80 hours, the order to attend a law-abiding driving lecture for 40 hours) is too uneased and unreasonable.

2. On the other hand, the accident of this case caused a serious result of the victim’s death.

However, the defendant is against the facts charged while recognizing the facts charged, the vehicle driven by the defendant is covered by a comprehensive insurance, and the defendant has no special criminal history.

In addition, the defendant does not want the punishment of the defendant by mutual agreement with the bereaved family members of the victim after the judgment of the court below was rendered.

In addition, comprehensively taking account of the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, sex, environment, family relationship, background leading to the commission of the crime, and circumstances after the commission of the crime, the lower court’s sentence is not deemed unreasonable.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit. It is so decided as per Disposition.