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(영문) 서울남부지방법원 2014.10.31 2014노1203
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment without prison labor and two years of suspended execution) declared by the court below is too unhutiled and unfair.

2. Determination of the instant traffic accident is an unfavorable circumstance to the Defendant, such as the fact that the victim died due to the instant traffic accident, and the Defendant did not cause any damage to his bereaved family members.

However, in full view of the following circumstances: (a) the Defendant appears to have the attitude of opposing the Defendant’s criminal act; (b) the victim was crossinged in violation of pedestrian signal and the occurrence of the instant traffic accident; (c) the vehicle driven by the Defendant is admitted to the Financial Cooperative; and (d) the background, means and methods of the instant crime; (c) the circumstances after the instant crime was committed; and (d) the Defendant’s age, sex, and environment; and (e) other circumstances that are conditions for sentencing as stipulated in Article 51 of the Criminal Act, which are revealed in the record

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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