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(영문) 광주지방법원 2019.11.28 2019노2444
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable for the lower court’s punishment (4 months).

2. The Defendant’s negligence is heavy, and the result of the death of the victim occurred due to the instant crime, and the Defendant’s failure to reach an agreement with the bereaved family members up to the trial of the case is disadvantageous to the Defendant.

On the other hand, the fact that the defendant seems to reflect his mistake, the victim's negligence has been considerably involved in the occurrence of the accident of this case, and the fact that the defendant has no criminal record for the same kind of offense is favorable to the defendant.

In addition, comprehensively taking account of the sentencing balance with the same crime, the background of the crime in this case, the circumstances after the crime was committed, the age, character and conduct, and environment of the defendant, etc. as well as the various sentencing conditions shown in the records and arguments, the prosecutor’s assertion is without merit, since the court below’s punishment is too unjustifiable.

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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