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(영문) 수원지방법원 2019.10.10 2019노3089
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. The crime of this case is deemed to have caused the death of a victim who was negligent in neglecting the duty of front-time care while driving a motor vehicle, leading his handle to the death by shocking the road without permission, and in light of the result of the crime, etc., the crime of this case is deemed to have been already considered in the sentencing of the court below.

In addition, in full view of the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) there was considerable negligence in the occurrence of an accident even for the elderly (the age of 85) who crosses the road without permission; (c) the Defendant’s bereaved family members are paid KRW 15 million to the bereaved family members of the victim; and (d) the victim’s bereaved family members do not want the Defendant’s punishment; and (c) there was no record of punishment in the Republic of Korea, etc.; and (d) the equity in sentencing with the sentencing of similar and similar incidents; and (e) the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime; and (e) various sentencing conditions

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal 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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