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(영문) 창원지방법원 2017.06.08 2017노211

교통사고처리특례법위반(치사)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment without prison labor and two years of suspended execution) is too unhued and unfair.

2. The Defendant was negligent in performing his duty of care in the front direction at a one-lane, leading the victim on the crosswalk, resulting in a serious result of the victim’s death, and did not reach an agreement with the bereaved family of the victim, and there are circumstances unfavorable to the Defendant.

However, in full view of such various circumstances as the victim cannot be deemed to be at all negligent in the occurrence of the instant accident, including the fact that the victim is drunk at the crosswalk, etc., the defendant cannot be deemed to be at all responsible for the commission of the crime, the fact that the defendant recognized the crime, the defendant deposited 15 million won for the victim's bereaved family, the defendant deposited 15 million won for the victim's bereaved family, the insurance money was paid to the victim's bereaved family, and other circumstances that form the conditions for sentencing as shown in the records and arguments of the instant case, including the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, etc., it is not recognized that the punishment imposed by the court below is too unjustifiable and unfair.

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.