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(영문) 전주지방법원 2017.03.10 2016노1753
교통사고처리특례법위반(치사)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment without prison labor, three years of suspended execution, etc.) is too uneasy and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant for the following reasons: (a) the crime of this case was committed in the course of the Defendant’s towing a rash vehicle, leading to death or resulting in injury by shocking the victims of the rashed crosswalk; and (b) the occurrence of a serious result leading to the death by the two victims of the instant traffic accident.

On the other hand, there is no past history of criminal punishment or a fine heavier than that of a fine for the same crime, the recognition of and the mistake in the crime of this case is against the victim's bereaved family members, and the fact that the victim's bereaved family members do not want the punishment of the defendant is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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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