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(영문) 대구지방법원 2015.10.01 2014노4897

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unfilled and unreasonable.

2. The crime of this case is deemed to result in the death of a victim by shocking the victim crossing the right side of the crosswalk because the defendant did not properly take the front side of the road while driving the vehicle while driving the vehicle, and the serious result has resulted in the serious result, and the liability for the crime is not somewhat weak.

However, the Defendant recognized his mistake in relation to the instant traffic accident and is in profoundly against himself, and there is no other criminal history except that he has been punished twice by a fine.

The negligence of the victim without permission seems to have contributed to the occurrence of the traffic accident in this case at night, and it seems that the damaged vehicle is insured by the mutual aid association to a certain extent.

It is also recognized that the defendant paid KRW 20 million to the bereaved family members for the victim's bereaved family members, and there is an agreement that only with the bereaved family members.

In addition, examining the background of the instant traffic accident, the Defendant’s age, character and conduct, environment, and family relationship, and all the sentencing conditions indicated in the pleadings, it cannot be deemed that the lower court’s punishment is too uneasible and unreasonable.

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.