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(영문) 대전지방법원 2015.09.03 2015노11
교통사고처리특례법위반
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., indual) of the original judgment (e., in a period of 10 months of imprisonment without prison labor and 2 years of suspended execution) is too une

2. The instant crime committed by the Defendant, while driving a bus, led to the death of a victim who has dried the road due to negligence of neglecting his/her duty at the time of front-time, resulting in the death of the victim, and the liability for such crime is grave, and the fact that it is not agreed with the bereaved family members is disadvantageous.

However, there are extenuating circumstances such as the Defendant’s mistake in depth and reflects each other. The occurrence of the instant accident appears to have affected a certain part of the fault of the victim who illegally crossed the road, the fact that the bus driven by the Defendant is insured by the bus mutual aid association, the Defendant deposited KRW 7 million for the victim’s bereaved family members, and the Defendant is currently not in a health condition at grade 2. The scope of the recommended sentence for the instant crime according to the sentencing guidelines established by the Supreme Court Sentencing established by the Sentencing Commission is unfair considering the following: (a) the scope of the recommended sentence for the instant crime pursuant to the sentencing guidelines established by the Supreme Court Sentencing was from April to October, 10; (b) the determination of the recommended sentence area; (c) the scope of the recommended sentence (if there is a considerable fault in the occurrence or expansion of traffic accident), the scope of the recommended sentence (from April 10); and (d) the major positive factors that the suspension of execution is possible: It is too unreasonable to reverse the sentence to the extent that it is too unreasonable.

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per

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