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(영문) 청주지방법원 2013.06.20 2013노326
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: The punishment (10 months of imprisonment without prison labor and 2 years of suspended execution) declared by the court below is too unhued and unfair.

2. In light of the fact that the Defendant caused the death of the victim by violating his duty of care in the course of performing his duties, thereby causing irreparable pain and damage to the victim and his bereaved family members, and failing to reach an agreement with the victim's bereaved family members, etc., the Defendant needs to strictly punish the Defendant. However, as considered by the lower court, the lower court’s assertion is without merit, in full view of the following: (a) the Defendant recognized the Defendant's mistake as a whole; (b) KRW 56 million was paid to the bereaved family members; (c) the Defendant was unable to reach an agreement with the bereaved family members; (d) the Defendant deposited KRW 10 million for the bereaved family members; and (e) other circumstances that are conditions for sentencing as shown in the pleadings and arguments, such as the Defendant's age, character and conduct, environment, and family

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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