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(영문) 전주지방법원 2017.01.13 2016노1517
특정범죄가중처벌등에관한법률위반(도주치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (two years and six months of imprisonment, three years of suspended execution, the community service order, etc.) is too uneasy and unreasonable.

2. The crime of this case was committed against the Defendant, even though the Defendant was a cargo vehicle driven by the Defendant and caused the death of the victim, and the crime was not immediately stopped and the necessary measures were not taken, and the nature of the crime is not good. The occurrence of the serious result of the death of the victim due to the instant traffic accident is unfavorable to the Defendant.

On the other hand, there is no record of criminal punishment before the defendant, the recognition of the crime of this case and the violation of the mistake in depth, the victim's bereaved family does not want the punishment of the defendant, and the defendant's family members and branch members want the punishment of the defendant clearly, etc. are favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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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