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(영문) 수원지방법원 2015.01.12 2014노5966
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The judgment of the court below is based on the following factors: although the victim died due to the instant traffic accident and the result of the relevant crime is very serious, the defendant is in profoundly against his mistake, and there is no criminal record; the traffic accident of this case is the first offender who has no criminal record; and the victim took the cargo vehicles parked on the road without a driver's license while the victim was driving on the sea, and there is considerable negligence of the victim in the occurrence of the accident; the victim's bereaved family members are in agreement with the victim at the investigation stage and the victim's bereaved family members are not subject to the punishment of the defendant; and the victim's age, character and behavior, environment, motive and circumstance leading to the instant crime, and all of the sentencing conditions shown in the arguments of this case, such as the circumstances before and after the instant crime, it cannot be

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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