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(영문) 전주지방법원 2013.09.27 2013노705
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall sentencing conditions in the grounds for appeal, the sentence of the lower court (fine of KRW 7,000,000) is too unhued and unreasonable.

2. The crime of this case in determining the grounds for appeal is subject to strict punishment of the Defendant in light of the following: (a) the Defendant neglected due care while entering the intersection, leading to the death of the victim by shocking the error of driving the victim; and (b) the result leading to the death of the victim.

However, in full view of the following factors: (a) the Defendant recognized the instant crime, and is in depth divided; (b) the victim’s bereaved family does not want to punish the Defendant; (c) the victim’s bereaved family does not consent with the victim’s bereaved family at the investigation stage; (d) the Defendant did not have any history of punishment for the same kind of crime; and (e) there was no record of punishment except for the punishment once by fine; (b) the victim’s negligence of neglecting due care while entering the intersection was partially the occurrence of the instant case; and (c) other factors of sentencing as indicated in the records, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) other factors of sentencing as indicated in the record, including the circumstances

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.

(However, since the phrase of the second, third, and 8 of the judgment of the court below is obvious that it is a clerical error in the left side, it shall be corrected).

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