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(영문) 대전지방법원 2016.07.01 2015노3721
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (in its imprisonment without prison labor for not less than 10 months and 2 years of suspended execution, community service, 80 hours, and 40 hours of participation in compliance driving) is too uneasible and unfair.

2. The judgment of the defendant neglected the duty of the front stop and caused the death of the victim who dried the crosswalk in accordance with the pedestrian signals by shocking the victim according to the pedestrian signals is an unfavorable condition to the defendant.

However, there is a favorable circumstance that the defendant reflects the defendant's mistake in depth, the victim's bereaved family members agree, the bus driven by the defendant is subscribed to the Financial Cooperative, and the defendant does not have any particular criminal history except for one time fine due to gambling.

In addition, comprehensively taking account of the various conditions of sentencing as indicated in the records and the theory of changes, such as the Defendant’s age, sex, environment, and circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee ( April to October), the lower court’s sentencing is within the reasonable scope of discretion, and thus, the lower court’s sentencing is excessively and excessively harsh.

shall not be deemed to exist.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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