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(영문) 대구지방법원 2017.06.29 2016노5121
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (the imprisonment without prison labor for eight months and the suspension of execution for two years) of the lower court is deemed to be too untile and unfair.

2. In light of the fact that the Defendant caused the instant traffic accident by negligence, such as violation of the duty of care in the front time room, resulting in the death of the victim, and that the Defendant did not receive any instruction from the victim’s bereaved family members, the liability for the crime is not weak.

However, in full view of all the sentencing conditions indicated in the record, including the fact that the Defendant recognized the instant crime, the fact that there is no previous conviction, other than fines, the driving vehicle is covered by a comprehensive insurance and deposits a certain amount for the victims’ bereaved family members. The instant traffic accident occurred due to partial concurrence of the negligence of the victims who illegally crossed the instant crime, and the Defendant’s age, sex, environment, circumstances leading to the crime, and circumstances after the commission of the crime, etc., the lower court’s punishment is uneasible and unreasonable.

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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