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(영문) 대전지방법원 2016.02.17 2015노2537
교통사고처리특례법위반
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (7 million won in penalty) is deemed to be too uneasy and unreasonable.

2. The instant accident caused the death by neglecting the Defendant’s duty of care in the front direction by shocking the damaged person due to negligence. In light of the Defendant’s degree of negligence and the seriousness of the result, the liability for the instant accident is not somewhat weak.

However, there are extenuating circumstances such as the defendant's mistake against himself/herself, and there is no criminal history other than a fine imposed for a violation of the Food Sanitation Act in 2001, that there is no criminal history other than the defendant's punishment, that the defendant agreed smoothly with his/her bereaved family members, that the defendant's bus was affiliated with the Financial Cooperative, that the defendant's wife and his/her family members want to take up the defendant's wife against the defendant, that the wife's health is not good, and that other sentencing conditions such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime are too small to the extent that the sentence of the court below is reversed, and it is not deemed unfair after considering all the following circumstances.

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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