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(영문) 서울북부지방법원 2015.06.03 2015노131
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for one year, two years of suspended execution, and 80 hours of social service) of the lower court is deemed to be too uneasible and unfair.

2. The judgment that the degree of damage caused by the death of the victim is disadvantageous to the defendant, while the defendant is led to the confession of the defendant, and the primary crime (limited to the defendant's failure to prosecute the violation of the Road Traffic Act in 2010 and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2012). The victim was at fault of the victim as the victim was crossing the road of five-lanes without permission, and the accident of this case occurred in the two-lanes. The vehicle of the defendant is covered by comprehensive insurance; the defendant paid 10 million won to the bereaved family of the victim at the trial; the defendant paid the victim's age, character and behavior, environment, the circumstances and result of the crime of this case; and all of the sentencing conditions of the crime of this case, including the circumstances of the crime of this case, are too unjustifiable.

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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