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(영문) 대구지방법원 2014.11.20 2014노1756
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment without prison labor, two years of suspended execution, 80 hours of social service, 40 hours of compliance driving course) that the court below made is too unfasible and unfair.

2. The instant accident occurred due to negligence that the Defendant neglected the duty of care in front of the week, which led to the death of the victim of 57 years of age.

Until the trial of the case, the bereaved family members want to be punished by severe punishment of the defendant because the defendant did not agree with the bereaved family members.

However, the Defendant is the first offender, and is in profoundly against the mistake of the instant crime.

이 사건 사고는 피해자가 심야에 신호등이 설치된 횡단보도를 무단횡단하는 바람에 발생한 것이고, 피해자가 도로 중앙에서 멈칫거리다가 그대로 도로를 건너는 것을 피고인이 제대로 보지 못하고 충격한 것이어서 피해자의 과실도 이 사건 사고의 원인이 되었다.

As the vehicles of the defendant are covered by comprehensive insurance, 60 million won insurance money was paid to the bereaved family members of the victim.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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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