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(영문) 창원지방법원 2017.08.24 2017노1258
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to the punishment (7 million won by each fine) is too uneased and unfair.

2. The Defendants neglected the duty of safety driving, thereby allowing Defendant A to use it on the floor due to shocking the victim, and Defendant B’s excessive result of the death of the victim, etc. are disadvantageous to the Defendants.

However, in full view of the following circumstances: (a) the Defendants recognized the crime; (b) the Defendants agreed with the victim’s bereaved family members; (c) the Defendants did not have any record of being punished for the same kind of crime; and (d) the Defendants’ age, environment, sexual conduct, circumstances before and after the crime; and (c) other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, the punishment imposed by

Even if it is not so unfair that it should be destroyed.

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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