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(영문) 창원지방법원 2016.11.03 2016노2167

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of eight million won (a fine of eight million won) is deemed to be too unhued and unfair.

2. The judgment of the defendant caused a traffic accident by negligence while driving a vehicle in violation of the signal, and the fact that the accident in this case causes the death of the victim and the result that cannot be observed is disadvantageous to the defendant.

However, in full view of the facts constituting the crime of the Defendant, and the fact that the Defendant disposal of the vehicle at the trial, and the victim's failure to repeat the crime, and the negligence of entering the intersection, starting from around 2.3 seconds prior to the point of the victim's direction signal, seems to have considerable impact on the occurrence of the accident of this case and the expansion of damage, and the fault of entering the intersection seems to have been significantly affected by the occurrence of the accident of this case and the expansion of damage. The vehicle operated by the Defendant is covered by the comprehensive automobile insurance, and the bereaved family members do not want the punishment of the Defendant separately agreed with the victim's bereaved family members. The Defendant is the primary offender without any previous conviction, and the Defendant is a criminal defendant's age, environment, character and behavior, motive for the crime, and circumstances before and after the crime, etc., it cannot be deemed that the sentence of the court below

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.