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(영문) 광주지방법원 2016.08.24 2016노322
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. Although there was a serious result of the victim's death, the victim was at the time at fault on the one lane of the two-lane road in which trees were planted on both sides of the road under the influence of alcohol, and such negligence appears to have a significant impact on the occurrence and expansion of accidents. At the time, it appears that it would not be easy for the defendant to find out the victim because the victim was not flick at night and at the accident site, there is no history of criminal punishment by this time, the defendant did not want the victim's punishment by agreement with the victim's bereaved family members, and the victim's bereaved family members do not want the victim's punishment by agreement with the victim's bereaved family members. In full view of the various sentencing conditions stated in the argument of this case, the prosecutor's assertion is without merit, since the court below's punishment is too unflick and it is not recognized that it is 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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