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(영문) 서울서부지방법원 2017.12.21 2017노1041
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 (two years of suspended execution in October, and eight hours of community service order) is too unhued and unreasonable.

2. The judgment is based on the following facts: (a) at the time of the instant accident, the Defendant’s front side of the Defendant’s vehicle is restricted from the view of leaving the door at night; and (b) the Defendant’s front side of the vehicle installed a crosswalk. As such, even though the Defendant is required to thoroughly see the front side, the Defendant’s negligence caused the death by shocking the damaged party, and the Defendant did not agree with the injured party’s bereaved family members.

However, in full view of the following factors: (a) the Defendant led to the confession of the instant crime and reflects his mistake; (b) the Defendant did not have any previous conviction or fine beyond the same criminal record or fine; (c) the victim was negligent by having contributed to the occurrence of the instant accident and the expansion of damage therefrom by crossinging the crosswalk for pedestrian red signal; (d) the Defendant’s vehicles are covered by the comprehensive motor vehicle insurance; (c) the victim’s bereaved family members deposited KRW 2 million in the name of agreement at the trial of the party; and (d) the Defendant’s age, sex, environment, the background and consequence of the instant crime; and (e) the circumstances after the commission of the instant crime, etc., the lower court’s punishment is deemed to be unfair as it is too unfasible; and (e) the prosecutor

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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