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(영문) 대구지방법원 2016.11.17 2016노758
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 9 million (a fine of KRW 9 million) is too unhued and unreasonable.

2. The result of the death of the victim was caused by the illegal internship by the Defendant.

However, the defendant is against the charge, and the vehicle driven by the defendant is covered by a comprehensive insurance, and his/her bereaved family members agree with the victim and they do not want the punishment of the defendant.

In addition, there is no special criminal history against the defendant.

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is not deemed unreasonable.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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