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(영문) 대전지방법원 2015.09.17 2015노1810
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) imposed by the lower court on the Defendant is too unfased and unreasonable.

2. The fact that the instant crime resulting in the death of the victim was committed is an unfavorable circumstance.

However, in light of the following: (a) the Defendant has seriously committed the instant crime; (b) the Defendant paid KRW 30 million to the bereaved family members of the victim; and (c) the Defendant submitted the written agreement by the Defendant; and (d) the Defendant submitted a written application by the Defendant to the Defendant to the Defendant; (b) the vehicle of the Defendant is covered by the automobile comprehensive insurance; (c) the Defendant is a primary offender without any criminal power; (d) the Defendant is a university student of the age of 21; and (e) the Defendant is likely to improve his personality and conduct by the university student of the age of 21; and (e) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s character, conduct, environment, motive, means and consequence; and (e) the circumstances after the commission of the instant crime, etc., the Defendant’s punishment against the Defendant is too uneasible and unreasonable; and thus,

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

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