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(영문) 대구지방법원 2018.01.25 2017노3614
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended execution to one year of imprisonment, and one hundred and sixty hours of community service) is too unfluent and unreasonable.

2. The four victims were killed due to the instant accident that occurred due to the Defendant’s negligence of illegal parking, and the Defendant did not receive suspicion from some victims among them.

However, in full view of all the sentencing conditions on the records, including the fact that the Defendant recognized the facts charged, the fact that there was no previous conviction in addition to the fine, the Defendant did not want the punishment of the Defendant by mutual consent with the victim F’s bereaved family members, and the driver’s vehicle is affiliated with the mutual aid association. The instant accident appears to have caused the Defendant’s fault of the victim D, which was shocking the Defendant’s cargo while driving alcohol, appears to have been caused by considerable portion. In addition, in full view of all the sentencing conditions on the records, such as the Defendant’s age, sex, environment, background leading to the crime, circumstances after the crime, etc., the lower court’s sentence is unnecessary and deemed unfair.

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

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