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(영문) 수원지방법원 2017.06.02 2016노7551
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 (ten months of imprisonment without prison labor, two years of suspended execution, and forty hours of order to attend a compliance driving) is too uneased and unreasonable.

2. The instant crime was committed by the Defendant, while driving a road with yellow on-and-off signal, etc. and a crosswalk installed, by neglecting his duty at the front direction, resulting in the death of the victim who dried the crosswalk by shocking the victim, and the nature of the instant crime was not negligible. The fact that the result of the death of the victim was caused by the instant accident is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant are that the defendant reflects his mistake in depth, that he does not want criminal punishment against the defendant by mutual consent with his bereaved family members, that the vehicle driven by the defendant has been covered by comprehensive insurance, and that there is no criminal history beyond the fine for the defendant.

Considering all of the above circumstances and all of the sentencing conditions of Article 51 of the Criminal Act as seen in the records and changes in the instant case, the lower court’s punishment is too unfluent and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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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