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(영문) 대구지방법원 2017.06.29 2016노5404
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (for six months of imprisonment without prison labor and two years of suspended execution) is too unhued and unreasonable.

2. In light of the fact that the defendant's negligence caused the serious result of the death of the victim and the failure to receive a letter from the victim's bereaved family members, the defendant's liability for the crime is not minor.

However, in full view of all the sentencing conditions on the records, including the Defendant’s age, sex behavior, environment, circumstances leading to the crime, etc., the lower court’s sentence is unaffortuous and unreasonable, and thus, is not recognized as unfair, in view of the following: (a) the Defendant recognized the facts charged; (b) the instant traffic accident is the first offender; (c) the negligence of the victim was caused by concurrent competition; (d) the Defendant’s driver is covered by comprehensive insurance; (e) the victim’s bereaved family members and the Defendant’s side insurance company agreed upon and paid damages including KRW 37 million to the bereaved family members from the said insurance company; and

3. As such, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That the judgment of the court below is correct ex officio as adding it is obvious that the omission of “1. Selection of punishment: Imprisonment” is a clerical error, since it is obvious that it is a clerical error.

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