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(영문) 전주지방법원 2017.09.01 2017노850
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 7,00,000) is too unhued and unreasonable.

2. Determination

A. In light of the fact that there exists a unique area for the determination of sentencing in our criminal litigation law, which takes the trial-oriented principle and the direct principle, and the fact that there is a significant consequence of the victim’s death, it is reasonable to respect the first instance judgment in cases where there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015).

However, the above circumstances were already launched during the oral argument of the lower court, and there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment, the Defendant recognized the error of the lower court and reflects the depth at the time of the accident, and the Defendant appears not to have been easy for the Defendant to secure the view, which appears to have been agreed with the bereaved family members of the victim, the vehicle of the Defendant was covered by the comprehensive automobile insurance, the Defendant did not have any criminal record other than the Defendant sentenced once to a fine for this type of crime, and the Defendant did not have any other criminal record other than the Defendant’s age, sexual behavior, environment, means and consequence of the crime, the circumstances after the crime, etc. do not seem to be unfair since the sentence of the lower court is too uneasible.

Therefore, prosecutor's assertion is not accepted.

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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