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(영문) 광주지방법원 2018.05.17 2017노3953
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 (three months of imprisonment without prison labor, one year of suspended execution, one year of observation of protection, one year of community service, 80 hours, 40 hours of lecture of compliance driving, and 40 hours of lecture of compliance) is too unfunied

2. The occurrence of the instant accident caused by the Defendant, which led to a serious result that could not follow the victim’s death. At the time of the instant accident, the Defendant proceeded at a speed exceeding 30 km, and the Defendant’s negligence is disadvantageous to the Defendant.

On the other hand, the following conditions are favorable.

At the time of the accident, the victim's fault who made a left turn at the intersection in violation of the signal at the time of the accident.

Vehicles operated by the defendant are covered by comprehensive motor vehicle insurance.

In agreement with the bereaved family members of the victim, the bereaved family does not want to punish the defendant.

There is no history of criminal punishment heavier than suspended execution.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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