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(영문) 광주지방법원 2015.02.05 2014노1383

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 (two years of suspended execution for ten months of a credit cooperative, two hundred hours of community service, and forty hours of a compliance driving lecture) is too unfford and unreasonable;

2. The determination of the instant traffic accident resulted in a serious consequence that the victim E and G dies, and the Defendant, at night, proceeding 80km road at a speed of 110km per hour with snow-fluence at night, resulting in the instant traffic accident, and did not agree with the victim E and G’s bereaved family members, and the bereaved family members want to punish the Defendant’s severe punishment.

However, in light of the favorable circumstances, such as the defendant's mistake, age, character and behavior, environment, circumstance and result of the crime of this case, etc., the court below's punishment is too unjustifiable, and it is not recognized that the traffic accident of this case is unfair because the victim E and G did not evacuate to a safe place after the prior contact with the victim E and G, and the traffic accident of this case occurred on the road of motor vehicle due to the defendant's negligence. The defendant agreed with the victim He. The defendant deposited KRW 15 million in the court below for the victim E and G's bereaved families, and deposit KRW 5 million in the court below for the victim E and G's bereaved families, and all of the sentencing conditions of this case such as the crime of this case.

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