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(영문) 서울중앙지방법원 2015.05.21 2015노1125

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of eight million won) of the lower court is too uneased and unreasonable.

2. In light of the fact that the crime of this case was committed by negligence that the defendant neglected his duty of care in front of the week and caused the death of the victim and the nature of the crime and damage, strict punishment should be imposed on the defendant.

However, in full view of all the sentencing conditions of the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., including that the Defendant was a primary offender and reflects the Defendant’s depth in the instant crime, that the Defendant agreed with his bereaved family members, that the Defendant did not violate traffic regulations at the time of the accident, and that the victim’s unauthorized crossing appears to be one of the causes of the accident, etc., it cannot be said that the sentence imposed by the lower court is too unreasonable even if considering the aforementioned circumstances.

The prosecutor's assertion is without merit.

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