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(영문) 수원지방법원 2013.10.02 2013노2588
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months, the suspension of the execution of two years, and the community service order 120 hours) of the lower court is deemed to be too unhued and unreasonable.

2. The instant crime committed by the Defendant, while driving a motor vehicle, resulting in the death of the victim by occupational negligence, resulting in the death of the victim, and the nature and circumstances of the crime are not less exceptionally, and the Defendant did not reach an agreement with his bereaved family members up to the time of the trial.

However, the Defendant’s mistake is divided in depth. The time of the occurrence of the instant accident was about 6:11 on October 17, 2012. At the time of the occurrence of the instant accident, there was a new wall time and other vehicles run on the 1st and the 2nd roads of the instant road, which is a three-lane (six-lane), and it is difficult for the Defendant to find out the victims crossing the instant road without permission on the right from the left side of the Defendant’s main direction beyond the central separation zone of the instant road. The negligence of the victim crossing the instant road without permission is also the considerable cause of the instant accident. The Defendant was a primary offender who has no history of criminal punishment; the Defendant’s vehicle was covered by the Defendant’s comprehensive automobile insurance; the Defendant deposited KRW 5 million for the victims’ bereaved families; and the Defendant deposited it, and the circumstances and circumstances leading to the Defendant’s personality and behavior, etc. before and after the instant crime cannot be considered to be unfair in light of all the circumstances and circumstances before and after the instant crime.

Therefore, prosecutor's argument cannot be accepted.

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

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