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(영문) 제주지방법원 2014.01.16 2013노465
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentencing of the lower court (two years of suspended execution in June, and one hundred and twenty hours of community service in the safe) is too uncomfortable and unfair.

2. Although the degree of damage, such as the victim’s death, etc. due to the instant accident, the Defendant’s depth is in conflict with each other, the vehicle driven by the Defendant was covered by a comprehensive insurance and deposited KRW 25 million for the victim’s bereaved family at the lower court. At the time of the instant case, the victim was crossing the second line road without permission, and the Defendant’s age, character and conduct, environment, motive and circumstance leading to each of the instant crimes, and circumstances before and after the instant crime, etc., it cannot be deemed that the lower court’s punishment is unreasonable as it is deemed unfair.

3. Accordingly, according to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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