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(영문) 대구지방법원 2015.09.17 2014노4621
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 (for a period of four months of imprisonment without prison labor and two years of suspended execution) is too unhued and unreasonable.

2. It is recognized that the victim died due to the instant accident.

However, in full view of the following circumstances: (a) the Defendant recognized the facts charged; (b) the primary offender is the victim; (c) deposited KRW 15 million for the victim’s bereaved family members; and (d) the occurrence of the instant traffic accident, the victim was at fault without permission; and (c) the Defendant’s age, environment, occupation, family relationship; (d) background leading to the instant crime; and (e) circumstances leading to the instant crime; and (e) circumstances after the crime, etc., the lower court’s punishment is deemed unreasonable.

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

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