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(영문) 광주지방법원 2017.04.27 2016노1768
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The judgment that the defendant caused the death of the victim by occupational negligence is disadvantageous to the defendant.

However, considering the fact that the defendant has no record of being punished for the same crime, that the victim is negligent to a certain extent in the occurrence of the traffic accident, that the defendant's vehicle is covered by the comprehensive motor vehicle insurance, that the defendant agrees with the bereaved family members of the victim, that the defendant agrees smoothly with the bereaved family members of the victim, that the defendant recognizes and reflects his/her mistake, and other various circumstances revealed in the arguments in this case, the court below's punishment is too unfeasible and it is not recognized that the prosecutor's assertion is 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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