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(영문) 수원지방법원 2015.10.16 2015노2793

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 (two years of suspended execution in the period of six months of imprisonment without prison labor) is too unhued and unreasonable.

2. In full view of the following circumstances: (a) the fact that the victim died due to the instant crime; (b) the fact that the victim’s bereaved family members did not agree with the victim’s bereaved family members, etc. is unfavorable to the Defendant; (c) the Defendant’s recognition of the commission of the crime and reflects the Defendant; (d) the Defendant did not have any record of punishment exceeding the fine; (c) the victim’s negligence, who illegally crossed the road of ten-lanes from night time, appears to have contributed to the occurrence of the instant accident and the expansion of damage; (d) the Defendant’s vehicle is affiliated with the Financial Cooperative; and (e) the Defendant’s age, character and behavior, environment, family relationship, etc., and other circumstances that form the condition for sentencing as indicated in

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