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(영문) 전주지방법원 2013.08.09 2013노539

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (hereinafter referred to as 6,00,000 won of fine) declared by the court below is too unhued and unreasonable.

2. The crime of this case is deemed to have caused the death of the victim by negligence while the defendant was negligent in performing his duty of front-time care while driving a cargo vehicle. However, while recognizing the crime of this case, the defendant reflects his mistake in depth by recognizing the crime of this case, and the investigation agency has agreed to do so smoothly with the bereaved family members of the victim, the negligence of the victim who was seated on the part of a motor vehicle during the new wall time before sunrise also became the cause of the accident of this case, and other various circumstances that form the conditions for sentencing as indicated in this case, such as the defendant's age, character and conduct, environment, family relationship, etc., the defendant's punishment imposed by the court below is deemed to be unfair. Thus, the prosecutor's above assertion is without merit.

3. In conclusion, 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.

(However, in the application column of the laws and regulations of the court below, it is obvious that "the selection of imprisonment without prison labor" is a clerical error, so it shall be corrected to "the selection of fine