logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.07.09 2014노3813
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for 10 months, 2 years of suspended execution, and 120 hours of community service order) of the lower court is deemed to be too uneasible and unfair.

2. The crime of this case committed by the Defendant, while driving a motor vehicle, led to the death of a victim crossing the road due to the failure of the Defendant to properly take the front direction, which led to the death of the said victim, and the serious result of the occurrence of the crime is not easy.

It is also recognized that there is no agreement with the bereaved family members of the victim up to the trial of the party.

However, the Defendant recognized his mistake regarding the instant traffic accident and reflects his depth, and there is no record of criminal punishment except for those who were punished for suspended execution due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents before about 20 years.

The defendant seems to have contributed to the occurrence of the traffic accident in this case, while the defendant's vehicle driving is also recognized as being insured by the Financial Cooperative at night.

In addition, examining the background of the instant traffic accident, the Defendant’s age, character and conduct, environment, and family relationship, and all the sentencing conditions indicated in the pleadings, it cannot be deemed that the lower court’s punishment is too uneasible and unreasonable.

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.

arrow