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(영문) 대전지방법원 2015.11.19 2015노1910
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (e.g., in both cases) is that the lower court’s punishment (e.g., August and two years of suspended execution) against the Defendant is too uneased and unreasonable.

2. The instant crime is an unfavorable circumstance to the Defendant, where the Defendant caused a traffic accident shocking the victim, resulting in the death of the victim, and in light of the Defendant’s negligence and degree of damage, the liability for the instant crime is not against the Defendant.

However, in full view of the defendant's confession of the crime of this case and his mistake is divided, the defendant's bereaved family does not want the punishment of the defendant, the defendant's bereaved family does not want the punishment of the defendant, the defendant did not have any record of criminal punishment, the vehicle of the defendant's driving was covered by the automobile comprehensive insurance at the time of the crime of this case, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence, circumstances before and after the crime of this case, and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission of the Supreme Court, the prosecutor's assertion is without merit since the sentence of

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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