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(영문) 대구지방법원 2016.09.22 2015노5067
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight million won in penalty) is too unhued and unreasonable.

2. There was a serious result of the victim’s death due to the instant accident in which the taxi driven by the Defendant was transferred to a broom.

However, the defendant is against the charge, and the victim's bereaved family members agree with the victim and they do not want to punish the defendant, and the vehicle driven by the defendant is insured by the private taxi mutual aid association.

And the defendant has no criminal history of the same kind of crime.

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is deemed as unfortunate and unreasonable.

3. 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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