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(영문) 창원지방법원 2017.11.30 2017노2653
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment without prison labor and two years of suspended execution) is too unhued and unfair.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant driving a vehicle not covered by a comprehensive insurance, resulting in a serious consequence of the death of the victim due to a traffic accident caused by the defendant's negligence while driving the vehicle, and the victim's bereaved family members want to punish the defendant.

However, it is reasonable to respect the sentencing conditions of the lower court compared with the lower court, in a case where there is no change in the sentencing conditions and the sentencing of the lower court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of various circumstances, including the following: (a) the Defendant’s age, environment, sex, motive of the crime, circumstances before and after the crime, etc., the Defendant deposited KRW 10,000 to the bereaved family members of the victim; (b) the Defendant did not have any criminal record other than the Defendant’s imprisonment for an bodily injury in 1982; and (c) the Defendant did not have any criminal record and criticism caused by the Defendant’s negligence; and (d) the lower court’s punishment does not change beyond the scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

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.

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