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(영문) 춘천지방법원 강릉지원 2015.12.10 2015노566

교통사고처리특례법위반등

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, and 120 hours of social service) declared by the court below is too unfluent and unreasonable.

2. Determination of the instant crime results in the serious result of the victim’s death, and the fact that the victim’s bereaved family members did not agree with the victim’s bereaved family members is disadvantageous to the sentencing.

However, the crime of this case is committed by the defendant while the victim was seated in the driver's seat of his own car as indicated in the judgment of the court below and got driving lessons to the river as shown in the facts constituting the crime in the judgment of the court below. As to the occurrence of this case, it seems that there is any negligence to a certain extent for the victim, the defendant deposited 5 million won for the victim's bereaved family, the defendant did not have any significant criminal record in relation to the crime of this case, and the motive, circumstance, means and result of each crime of this case, the circumstances before and after the crime of this case, relation between the defendant and the victim, the defendant's age, character and conduct, environment, and other conditions of sentencing as shown in the records and arguments are considered, even considering the above unfavorable circumstances as seen above, it cannot be said that the sentence of the court below is unreasonable to the extent that the reversal cannot be avoided because it is too unfured.

The prosecutor's above assertion is without merit.

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