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(영문) 의정부지방법원 2013.05.03 2012노2539
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. It is true that a serious result of the victim’s death has occurred due to the instant criminal facts.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake from the investigative agency to the court; (b) the Defendant and his bereaved family members have reached an agreement between the Defendant and the victim (the Defendant paid KRW 30 million to the bereaved family members of the victim as agreed money); (c) the Defendant’s negligence cannot be said to be small due to an accident that occurred while crossing the Defendant without permission; and (d) the Defendant’s age, character, conduct, family relationship, environment, occupation, circumstance and details leading to the instant crime; and (e) circumstances leading to the sentencing conditions indicated in the record, such as the circumstances after the commission of the crime, etc., the Defendant’s sentence of the lower judgment cannot be deemed unfair

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

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