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(영문) 수원지방법원 2017.07.07 2016노7808
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of suspended execution in October of the imprisonment without prison labor and forty hours of lecture attendance order for compliance driving) is too uneasible and unfair.

2. The judgment that the Defendant caused the instant traffic accident by violating the duty to observe the signal and to protect pedestrians, thereby causing the death of the victim, is disadvantageous to the Defendant.

However, when comprehensively considering the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, that the defendant has no record of being punished in excess of a fine since 2005, that the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, that the defendant paid 40 million won to the defendant, and that the defendant paid 40 million won to the victim's bereaved family members and agreed to the victim's bereaved family members and the victim's bereaved family members. The victim's bereaved family members submitted the written application for the defendant's preference, and all of the sentencing conditions in the instant case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the court below is too unreasonable

Therefore, the prosecutor's above assertion is without merit.

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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