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(영문) 대전지방법원 2020.09.09 2019노2809
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Considering that the summary of the grounds for appeal was due to the Defendant’s neglecting the duty of care in advance, thereby causing death to the victim, the lower court’s punishment (three million won of a fine) is too uneasible and unreasonable.

2. The court below sentenced the above punishment to the defendant on the grounds of sentencing as stated in its holding. The above circumstances asserted by the prosecutor are deemed to have been sufficiently considered in the court below's sentencing, and this is also considered to reflect the defendant's mistake in the course of committing the crime of this case, and the victim seems to be partly responsible for the occurrence of the accident, and the victim's bereaved family members and the victim agreed smoothly with the victim, etc., the court below's sentencing cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the court below is too unfeasible.

3. In conclusion, the prosecutor'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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