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(영문) 대구지방법원 2014.04.17 2013노3371
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (20 million won of a fine) by the lower court is deemed to be too unhued and unfair.

2. The instant accident causes severe damage to the victim due to the death of the victim and significant consequences.

However, there is no history of criminal punishment in addition to the punishment of the defendant three times as a fine, and this case is a concurrent occurrence of the victim's fault of crossing without permission.

The Defendant is against the Defendant’s wrong conduct in depth with committing the instant crime, and the Defendant paid KRW 30 million to the victim’s bereaved family members in addition to insurance money paid to the victim’s bereaved family members because the Defendant’s vehicle was covered by a comprehensive insurance policy, and only agreed with the victim’s bereaved family members.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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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