beta
(영문) 수원지방법원 2015.08.28 2015노1909

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 is too unfilled.

2. The criminal defendant neglected his duty of care in the course of his duties, causing a traffic accident, resulting in a harsh result in the death of the victim, and the nature of the crime is heavy;

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is against the depth of the Defendant; (b) the Defendant agreed smoothly with the bereaved family members of the victim; (c) the Defendant has no record of criminal punishment; (d) the victim was faced with a crosswalk accident in violation of the signal at night; and (e) the victim is partially responsible for the occurrence of the accident; and (e) other circumstances that form the conditions for sentencing specified in the instant case, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, the lower court’

Therefore, the prosecutor's above assertion of unfair sentencing is without merit.

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