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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2019.01.30 2018노6857
교통사고처리특례법위반(치사)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. The crime of this case in light of the degree, result, etc. of negligence, and the fact that the defendant committed the crime of this case during the period of suspended sentence of imprisonment for each of the crimes of this case is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized his mistake and is against the defendant, the occurrence of the traffic accident in this case and the expansion of the damage therefrom seems to have contributed to part of the victim F's negligence, which is the driver of the other party vehicle, the bereaved family members of the deceased victim H do not want the punishment of the defendant, the victim F and J do not want the punishment of the defendant, the vehicle operated by the defendant is subscribed to the Korean Litter Mutual Aid Association, and the defendant has no same penalty power.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, and circumstances before and after committing a crime, it is difficult to deem that the sentence of the lower court is too unjustifiable and 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 as it is without merit. It is so decided as per Disposition.

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