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(영문) 부산지방법원 2017.06.02 2017노1041
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case is recognized as having caused a traffic accident by neglecting the situation before driving by the defendant while driving, resulting in the death of the victim, with heavy liability for the crime, and with the records of punishment for the same kind of crime.

However, in consideration of the following factors: (a) the Defendant led to the confession of the crime, and his mistake is divided; (b) the victim’s bereaved family members are paid KRW 30,000 to pay it; (c) the victim’s bereaved family members are enrolled in the mutual aid association; and (d) the victim’s negligence at the crosswalk in the course of the vehicle operation has contributed significantly to the occurrence of the instant accident; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (d) all sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the crime, etc., the sentence of the lower court

Therefore, prosecutor's assertion is without merit.

3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Criminal Procedure Act on the ground that the phrase “round November 17, 2016.18:0” in the end of the column of the criminal history of the judgment below is obvious that the phrase “round November 17, 2016.18:05” is a clerical error in the statement of the judgment below, and thus, it is corrected ex officio in accordance with Article 25(1) of the Regulation on the Criminal Procedure.

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