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(영문) 수원지방법원 2017.05.19 2016노7437

교통사고처리특례법위반(치사)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment without prison labor and two years of suspended execution) is deemed unreasonable as it excessively unhutiled.

2. The crime of this case committed by the Defendant is an unfavorable circumstance to the Defendant that the Defendant parked on the way of a photographic decline and did not accurately take the brakes and safety measures of the vehicle, and that the vehicle was pushed down under the direction of the victims due to the shocking of the victims, and that the life of the victim was killed, and that two of the victims was seriously injured, and that the result was not less exceptionally and more serious.

However, the fact that the defendant is against the defendant's wrong recognition, that he/she does not want criminal punishment against the defendant, that the defendant's vehicle is covered by the comprehensive automobile insurance, that there is no particular criminal history against the defendant, etc. are favorable to the defendant.

Considering all of the above circumstances and all of the sentencing conditions of Article 51 of the Criminal Act as seen in the records and changes in the instant case, the lower court’s punishment is too unfluent and unreasonable.

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

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

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