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(영문) 대전지방법원 2015.10.08 2015노2142
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for 10 months, 2 years of suspended sentence, 80 hours of community service order, 40 hours of order to attend a compliance driving lecture) of the lower court against the Defendant is deemed unreasonable.

2. The crime of this case is an unfavorable circumstance against the Defendant, in light of the Defendant’s negligence and degree of damage, where the Defendant caused a traffic accident sufficient for the victim, thereby causing the death of the victim. In light of the Defendant’s negligence and degree of damage, the Defendant committed the crime of this case without having been punished several times for traffic-related crimes.

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant’s bereaved family members do not want the punishment of the Defendant; (c) the Defendant’s bereaved family members agreed with the victim’s bereaved family members; (d) the Defendant’s vehicle was subscribed to an automobile comprehensive insurance at the time of the instant case; and (c) the family members to support the Defendant appears to clearly have social ties; and (d) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court; and (e) the Prosecutor’

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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