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(영문) 서울북부지방법원 2017.01.19 2016노1730
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (one year of imprisonment without prison labor, two years of suspended execution, and 120 hours of community service order) is too uneasible and unfair.

2. The crime of this case was committed in violation of the intersection signal and caused the death of a victim who dried the crosswalk pursuant to the pedestrian signals. The defendant's negligence, heavy liability for the crime, such as the occurrence of the result of the victim's death, and the defendant's failure to reach agreement with his bereaved family members, etc. However, although there are unfavorable circumstances to the defendant, the defendant is against the defendant's recognition of the crime of this case, the defendant deposits a sum of KRW 30 million in the court below for the victim's bereaved family members, deposits an additional amount of KRW 5 million in the court below, deposits an additional amount of a fine of KRW 1 million in the court below, and takes into account other circumstances favorable to the defendant, such as the motive and circumstance leading up to the crime of this case, method and method of the crime, the situation before and after the crime, the defendant's age, sexual behavior, environment, occupation, family relation, etc., it cannot be said that the punishment of the defendant is too unfair.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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