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(영문) 수원지방법원 2018.11.21 2018노5975
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment without prison labor, two years of suspended execution, one hundred and sixty hours of community service order, 40 hours of compliance driving instruction) is too uneasy and unreasonable.

2. As a result of the instant crime, there was a significant result of the victim’s death, in light of the degree of negligence, degree of damage, etc., and the fact that the victim’s bereaved family members did not agree with the victim, etc., are more favorable to the defendant. However, there was no specific punishment, except for the defendant who was sentenced once to a fine, the vehicle of the defendant was subscribed to a bus mutual aid, the vehicle of the defendant was making efforts to recover damage by depositing KRW 20 million for the victim’s bereaved family members, and the social relationship is clear, such as the fact that there was a family member to support, the fact that there was a family member, and the fact that there was no social relationship with the victim, such as the fact that the victim was committed against the defendant.

When comprehensively considering the above circumstances and other conditions of sentencing as indicated in the records, such as the Defendant’s occupation, family relation, age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime before and after the crime, the lower court’s sentencing appears to have been conducted within the reasonable scope of discretion by fully taking into account the conditions of sentencing, and there is no change in the conditions of sentencing that can be deemed unfair to maintain the sentencing of the lower court as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the lower court’s sentence is unfair because it is too unaffort.

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

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

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