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(영문) 수원지방법원 2015.10.16 2015노3192
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution in October, and one hundred and twenty hours of community service order) of the lower court is deemed to be too unhued and unreasonable.

2. The judgment of the court below led to the occurrence of a serious result of the victim's death, which shows considerable pain to the bereaved family members, and the fact that there is no agreement with the victim's bereaved family members, etc., which is disadvantageous to the defendant, the defendant's acknowledgement of the crime, the defendant did not have any record of punishment for the same crime, and there is no record of punishment exceeding the fine. The accident in this case does not mean that the defendant's negligence is relatively more severe because the defendant stopped the vehicle while stopping the vehicle to get on board the passenger, and the vehicle was dissatisfyed, and the defendant's negligence cannot be deemed as being excessive. The defendant's deposit of KRW 15 million for the victim's bereaved family members, and other various circumstances that are the conditions for sentencing in this case, including the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, etc., the prosecutor's allegation of unfair sentencing 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 ground that it is without merit. It is so decided as per Disposition.

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