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(영문) 전주지방법원 2016.06.24 2016노279
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (the imprisonment without prison labor for eight months, the suspension of the execution of two years, and the community service order) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, such as the following: (a) the crime of this case was committed in the course of the defendant's proceeding in excess of the speed limit; (b) the victim's driver's car with the driver's car in the last one lane; and (c) the victim's death caused by multiple trauma damage; (d) the serious result of the victim's life was caused; and (e) the victim's bereaved family members were expected to suffer a big mental distress; and (e) the victim's bereaved family members were unable to reach an agreement with the victim until the depth of the case; and (e) the victim's bereaved family members want to escape from the defendant's severe punishment.

On the other hand, the fact that the defendant had no record of criminal punishment before, recognition of the crime of this case and reflects the mistake in depth, the occurrence of the accident of this case does not entirely seem to have been caused by the defendant's negligence, and the defendant deposited a total of KRW 30 million for the bereaved family members of the victim in the original trial, and the fact that the vehicle operated by the defendant was covered by the comprehensive motor vehicle insurance and thus the amount of insurance money of KRW 48,460,280 is paid to the bereaved family members are favorable to the defendant

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s 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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