beta
(영문) 대구지방법원 2016.04.07 2015노1215

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. It is recognized that the occurrence of the instant traffic accident caused by negligence by the Defendant’s failure to perform his/her duty at the front time, resulting in the death of the victim.

However, in full view of the following facts: (a) the Defendant recognized the facts charged; (b) the victim went back to and from the six-lane road without permission; and (c) the traffic accident in this case appears to have occurred when the victim’s negligence competes with the victim’s bereaved family members; (b) the Defendant agreed to have been a comprehensive motor vehicle insurance; (c) the Defendant was a party to a comprehensive motor vehicle; (d) there was no previous conviction; and (e) all the sentencing conditions in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment

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