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(영문) 대구지방법원 2019.01.11 2018노4022
교통사고처리특례법위반(치사)
Text

1. The prosecutor's appeal is dismissed.

2. Of the judgment of the court below, “one year and two months of imprisonment” shall be deemed “one year and two months of imprisonment without prison labor.”

Reasons

1. The summary of the grounds for appeal (one year and two months of imprisonment) imposed by the court below on the defendant is too unhued and unreasonable.

2. It is recognized that the instant accident occurred entirely due to the Defendant’s negligence, the occurrence of the serious consequence of the death of the victim due to the instant crime, the Defendant did not agree with the bereaved family members of the victim, and the bereaved family members of the victim want to severely punish the Defendant.

However, it is recognized that the defendant's recognition of the crime of this case is against the defendant, the vehicle of the defendant is covered by liability insurance and the bereaved family of the victim is paid insurance money, there is no penalty ability exceeding the fine, and the economic condition and health condition of the defendant is not good.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. Since it is apparent that "one year and two months of imprisonment" in the disposition of the court below is a clerical error in the "one year and two months of imprisonment", it is so decided as per Disposition by the court below to correct it in accordance with Article 25 (1)

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