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(영문) 대전지방법원 2016.06.02 2016노529

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) (one year of suspended sentence in six months of imprisonment without prison labor) is too uncomfortable and unfair.

2. In full view of the following factors: (a) the fact that the victim died due to the instant crime; (b) the Defendant’s death was unfavorable to the Defendant; (c) the Defendant led to the instant crime; (d) the Defendant agreed to the victim’s bereaved family members; and (c) the Defendant’s vehicle was subscribed to the nationwide taxi mutual aid association at the time of the instant case; and (d) the Korean taxi mutual aid association paid KRW 100 million to the victim’s bereaved family members as compensation for damages; (c) there was no record of criminal punishment against the Defendant; and (d) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the instant crime; and (e) there is no reason to believe that the Defendant’s punishment is unfair

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.

참조조문