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(영문) 대구지방법원 2016.12.22 2016노1907

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (eight million won of a fine) is too unhued and unreasonable.

2. On the other hand, the accident of this case caused a serious result of the victim’s death.

However, the defendant is against the charge, and the victim's bereaved family members agree with the victim and they do not want to punish the defendant, and the vehicle driven by the defendant is also covered by a comprehensive insurance.

In addition, there are some negligences of the victim in relation to the occurrence of the accident in this case, and the defendant has no special criminal history.

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is not deemed unreasonable.

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