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(영문) 광주지방법원 2015.11.12 2015노466

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (a fine of five million won) is too unhued and unreasonable.

Judgment

The defendant caused the result of the death of the victim due to the negligence of driving at the intersection, and the nature of the crime of this case is heavy.

However, in full view of the facts that the defendant recognized his mistake and is against the depth, the negligence of the victim who committed the central line to turn to the left seems to have caused the traffic accident of this case, the fact that the defendant does not want punishment against the defendant, the bereaved family members do not want to do so by agreement with the bereaved family members of the victim, and the defendant violated traffic regulations as close as 20 years ago or did not have any record of causing the traffic accident, etc., and other factors of sentencing indicated in pleadings such as the background of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, environment, etc., it is not recognized that the court below's punishment is too unjustifiable, and thus, the prosecutor'

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.