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(영문) 부산지방법원 2017.07.14 2017노1421

교통사고처리특례법위반(치사)

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The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The crime of this case is acknowledged that the defendant's mistake in driving the crosswalk without checking the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the primary offender is the victim; (c) deposited KRW 10 million for the victim’s bereaved family members; (d) the vehicle was covered by a comprehensive motor vehicle insurance; and (e) the victim’s negligence without permission for the occurrence of the instant accident has significantly contributed to the occurrence of the instant accident; and (b) the Defendant’s age, sexual conduct, environment; (c) motive, means and consequence of the instant crime; and (d) all of the sentencing conditions specified in the instant argument, such as the circumstances after the instant crime, the lower court’s punishment is too una

Therefore, prosecutor's assertion is without merit.

3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 25(1) of the Criminal Procedure Act on the ground that the “the Defendant’s legal statement” in the judgment of the court below is a clerical error in the “1. Part of the Defendant’s legal statement” and thus, it is obvious that the “the Defendant’s legal statement” in the judgment of the court below is an error