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(영문) 전주지방법원 2014.01.29 2013노1259

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment without prison labor, two years of suspended execution, and 160 hours of community service order) is too unfasible in light of the overall sentencing conditions in light of the summary of the grounds for appeal.

2. The instant crime of determining the grounds for appeal pertains to the Defendant’s death resulting in the Defendant’s traffic accident and causing the death of the victim on a crosswalk, and the Defendant’s fault and degree of damage is serious, and the victim’s bereaved family members want to severely punish the Defendant, in light of the fact that the victim’s bereaved family members want not to agree with the victim until the case is brought about, and that the victim’s family members want to be punished.

However, in full view of the following facts: the Defendant recognized the instant crime and was in depth divided; the Defendant deposited KRW 30 million for the victim’s bereaved family members at the lower court; the instant vehicle is covered by a comprehensive insurance; the Defendant’s decision to recommend reconciliation was finalized in the relevant civil case; the Defendant has no record of being punished heavier than a fine; and other factors of sentencing as indicated in the records of this case, including the Defendant’s age, character and conduct, environment, criminal records, circumstances leading the Defendant to the instant crime; the means and consequence; and the situation before and after the instant crime, etc., the lower court’s punishment is deemed unreasonable. Therefore, the Prosecutor’s allegation of unfair sentencing is without merit.

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.