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(영문) 대전지방법원 2016.07.07 2016노798
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (20 million won in penalty) is unreasonable as it is too uneasible.

2. The judgment of this case is an unfavorable circumstance to the defendant that caused the death of the victim who has walked on the crosswalk while driving the cargo vehicle.

However, in full view of all the sentencing conditions such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too uneasible and unfair, in light of the following: (a) the defendant is against the defendant; (b) the bereaved family members do not want the punishment of the defendant; (c) the defendant purchased a comprehensive insurance policy; (d) the defendant supports the minor children; and (e) there is no previous conviction except for the past twenty (20) years; and (e) the defendant's age, sexual behavior, environment

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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