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(영문) 서울서부지방법원 2016.07.28 2016노453
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. In light of the following circumstances and the circumstances following the judgment, and the various sentencing conditions shown in the records and arguments, such as the background and means of the crime, the circumstances after the crime, the defendant's career, sexual conduct, and the environment, the lower court's punishment is deemed reasonable, and it cannot be deemed unfair to the extent that the lower judgment should be reversed.

The defendant is the first offender.

In this case, the degree of negligence of the defendant is serious because the defendant suffered from the victim unauthorized crossing while proceeding to the normal intersection in accordance with the straight-line signals in the situation where the defendant was at night.

It is difficult to see it.

The Defendant agreed with the bereaved family members.

The defendant is in profoundly against his wrongness.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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