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(영문) 대구지방법원 2018.11.29 2018노2232
교통사고처리특례법위반(치사)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The sentencing of the court below (Defendant A: 3 years of suspended execution of one year and six months of imprisonment without prison labor; 160 hours of community service; 40 hours of lectures to comply with law; 3 years of suspended execution of one year and two months of imprisonment without prison labor; 160 hours of community service and 40 hours of lectures to comply with law) is too unfford and unfair.

2. The occurrence of a traffic accident caused by the negligence of the Defendants led to the death of the victim.

Although the Defendants agreed with the bereaved family members of the victim at the investigation stage, the bereaved family members of the victim after the Defendants were prosecuted cannot be deemed to have been genuine, since they want to punish the Defendants with severe punishment.

However, the defendants recognize and seriously reflect their mistakes, and there is no record of criminal punishment.

The vehicles driven by the defendants are covered by a comprehensive insurance, and the defendant A paid 30 million won to the bereaved family members of the victim and the defendant B paid 20 million won to the bereaved family members.

In full view of the various circumstances, including the aforementioned circumstances, including the Defendants’ age, sexual conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and the lower court’s sentencing is not unfair in light of the following circumstances and there are no special circumstances or changes in circumstances to the lower court’s sentencing.

3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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