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(영문) 수원지방법원 2015.08.21 2015노315
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (two years of suspended sentence for one year of imprisonment) of the lower court is too unhued and unreasonable.

2. On the other hand, the defendant's illegal act of commercial transport, neglecting his duty of care, resulting in a traffic accident, resulting in the victim H's death, resulting in the victim's harsh result of the injury suffered by three victims, and the quality of the crime is poor.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant has an opportunity to reflect in depth during the period of detention exceeding four months; (c) the Defendant agreed that both the victims and the bereaved family members of the Victim H were the victims and the victims; (d) the Defendant did not have any particular criminal record in addition to the fine; and (e) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (e) the lower court’s punishment

Therefore, the prosecutor's above assertion of unfair sentencing is without merit.

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

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