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(영문) 의정부지방법원 2015.09.22 2015노1714
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment without prison labor and two years of suspended execution) declared by the court below is too unfasible and unfair.

2. The Defendant’s crime of this case requires strict punishment for the Defendant in light of the following: (a) the crime of this case committed by the Defendant was committed on the part of his occupational negligence while driving a vehicle without due care, resulting in the death of the victim; (b) the nature of the crime is not provided for undermining the victim’s bereaved family members; and (c) the damage is not deemed to have been fully recovered, such as the agreement with the victim’s bereaved family members.

However, there are extenuating circumstances, such as the fact that the defendant has no previous conviction or wrong, the defendant's vehicle is covered by the comprehensive motor vehicle insurance, and the victim's bereaved family deposits KRW 3 million for the victim's bereaved family.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the instant pleadings and records, such as the circumstances after the crime was committed, the lower court’s sentence is too uneasible 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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