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(영문) 전주지방법원 2013.06.05 2013노262
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of all the sentencing conditions in the grounds for appeal, the sentence of the lower court (fine 10 million won) is too unfluent and unreasonable.

2. The instant crime of determining the grounds for appeal is subject to strict punishment of the Defendant in light of the following: (a) the Defendant obtained a victim’s passenger car driven in the opposite line beyond the median line and caused the death of the victim; and (b) the degree of negligence and the result of the crime was serious.

However, in full view of the following factors: (a) the Defendant recognized the instant crime and has a depth-off; (b) the Defendant’s vehicle is covered by a comprehensive insurance; (c) the Defendant’s bereaved family does not want the Defendant’s punishment by mutual consent with the victim’s bereaved family members; and (d) the Defendant did not have any previous conviction other than the punishment imposed once; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) other various sentencing conditions specified in the instant records, such as the circumstances after the commission of the crime, etc., the lower court’s punishment is too uneas

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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