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(영문) 수원지방법원 2014.11.06 2014노2116
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment without prison labor, two years of suspended execution, and two hours of social service) is too unfluent and unreasonable.

2. The judgment below held that a dump truck was driven by a dump truck and was negligent in performing the duty to dump truck, which led to the occurrence of serious consequences leading to the death of the victim, and that the defendant did not receive a dump truck from the bereaved family of the victim, etc. However, the place where the instant traffic accident occurred is mainly used for vehicle traffic, and there are some circumstances to consider in the circumstance of the accident that the victim seems to have occurred while crossing the lane on the side of the road, and the vehicle is covered by a comprehensive motor vehicle insurance, and thereby the victim's bereaved family members received considerable amount of insurance money, there is no history of punishment exceeding the fine, the defendant's mistake is recognized, and the defendant's age, character and conduct, the circumstances, means and results of the crime, and the circumstances after the crime, and all the sentencing conditions indicated in the records and arguments of this case, such as the records and arguments of this case cannot be deemed unfair.

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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