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(영문) 전주지방법원 2015.11.18 2015노812

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The judgment of the court below led to the occurrence of a serious consequence of the victim's death due to the traffic accident of this case. However, in light of all the sentencing conditions as shown in the records and arguments of this case including age, character, living environment, and result of each of the crimes of this case, the defendant's age, character, living environment, and the means and consequence of each of the crimes of this case, the victim's relationship with the victim, and the circumstances after the crime of this case, etc., the occurrence of the accident of this case seems to have significantly contributed to the non-road crossinging the private distance without permission by violating the signal at the time of the new wall time. The victim, while receiving hospital treatment without good health, has reached an agreement four months after the date of the traffic accident of this case, and the victim's bereaved family members agreed smoothly with the victim's bereaved family members, and the victim's bereaved family members expressed again their intention not to be punished by the defendant.

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