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(영문) 창원지방법원 2017.12.21 2017노2946
교통사고처리특례법위반(치사)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment, two years of suspended execution) is too unfased and unfair.

2. In this case, the defendant's negligence during driving of the defendant causing the death of the victim, and the defendant's responsibility is heavy.

Moreover, at the time, the Defendant driven a vehicle under the influence of 0.070% in blood alcohol concentration, and did not reach an agreement between the victim’s bereaved family members and the party.

However, it is reasonable to respect the sentencing conditions of the court below in cases where the defendant recognized the crime of this case and reflects the sex of the defendant, and the defendant was driving the vehicle immediately after drinking, but the defendant was driving the vehicle due to drinking alcohol on the road near the four-lane road at the time, and the crosswalk was in the vicinity of the accident site (the victim was crossing the road at the time). Since the vehicle of the defendant was covered by a comprehensive insurance, part of the victim's bereaved family members were recovered from the insurance. The defendant did not have other criminal records except for the case where he received a fine of 50,000 won due to violence in around 191, and there is no change in the sentencing conditions compared with the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), and other circumstances such as the defendant's age, the defendant's environment, motive, motive, and circumstances before and after the crime of this case cannot be considered as circumstances.

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

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