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(영문) 광주지방법원 2013.10.02 2013노1640
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of eight million won (a fine of eight million won) is deemed to be too unhued and unfair.

2. The judgment of the defendant caused a traffic accident on the grounds of neglect of the duty of care in the front time, resulting in a serious result in the death of the victim, and the defendant was sentenced to two years of suspension of the execution for April at the Gwangju District Court on September 13, 2012, which became final and conclusive on September 21, 2012, and the judgment became final and conclusive on September 21, 2012, and committed the crime of this case despite the fact that the defendant committed the crime of this case, but it is recognized that the defendant committed the crime of this case, but the defendant is committed against the confession of the crime, and the victim committed a gross negligence without permission crossing the vehicle in the front time at night, the victim's bereaved family members do not want the punishment of the defendant, and in view of the victim's age, character and conduct, motive and circumstance of the crime, and circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unjustifiable and unreasonable

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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