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(영문) 창원지방법원 2018.01.25 2017노3167
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment without prison labor for four months and one year of suspended execution) is too unhued and unfair.

2. There is a disadvantage to the defendant, such as the fact that the defendant neglected his duty of care in the frontline, etc., and due to the change of the vehicle line, the victim suffered from an injury, such as an injury to the blood species, etc. due to the wound wound, and the serious result of the death of the victim due to the serious brain dystrophy;

However, in full view of the following circumstances, such as the fact that the defendant recognized the crime, the victim's bereaved family members, the agreement has been reached with the victim, the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance, the defendant's punishment has no record of punishment, and the defendant's age, environment, sex behavior, circumstances before and after the crime, and other circumstances that are the conditions for sentencing as shown in the records and arguments of this case, it is not recognized that the punishment imposed by the court below is too uneasible and unfair.

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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