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(영문) 대구지방법원 2015.02.12 2014노2575

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment without prison labor, two years of suspended execution, 40 hours of law-abiding lecture, and 120 hours of community service) that the court below made is too uneasible and unreasonable.

2. The crime of this case was found to have caused the death of the victim by negligence while driving a vehicle at night by the defendant who neglected his/her duty of front time and right time, and did not agree with the bereaved family members up to the trial of the defendant.

However, the defendant is the first offender, and the defendant does not commit a second offense, such as scrapping a vehicle, while seriously reflecting the error of the crime.

The victim's care was also the cause of the accident, the driver's vehicle was covered by the comprehensive insurance, and the insurance money was paid to the victim's bereaved family members, and the defendant deposited KRW 2 million for the victim's bereaved family members in the trial.

The husband who works in a textile plant and who have visual disability and who support the dead parents of old age who are not healthy due to dementia and heavy morals, etc., and those who are well aware of the family situation and circumstances of the defendant want to blickly support the wife of the defendant.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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