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(영문) 대구지방법원 2019.11.22 2019노2282
교통사고처리특례법위반(치사)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the lower court on the Defendants (two years of suspended execution in August, the community service order is 120 hours, Defendant B’s suspended execution in one year of imprisonment without prison labor, two years of suspended execution in one year of imprisonment without prison labor, and 160 hours of community service order) are too unhued and unfair.

2. The judgment of this case is recognized that the Defendants’ negligence and negligence caused the death of the victim. The Defendants’ negligence and the consequences of the accident are serious, Defendant B did not agree with the bereaved family members of the victim. Defendant A was punished for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and Defendant B was punished for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), and Defendant B was punished for a suspended sentence of imprisonment once.

However, it is also recognized that the Defendants recognized each of the crimes of this case and reflected, Defendant A agreed with the bereaved family members of the victim, Defendant A’s previous conviction exceeding the fine, Defendant B did not have any criminal conviction, and Defendants’ vehicles are covered by comprehensive insurance.

In addition, comprehensively taking account of the following circumstances: the Defendants’ age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower court’s judgment, it is not recognized that the sentence imposed on the Defendants is too uneasible and unfair.

3. In conclusion, the appeal against the Defendants by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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