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(영문) 수원지방법원 2017.07.14 2017노254
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment without prison labor, two years of suspended execution, and 80 hours of community service order) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant neglected the duty of care at the intersection where the signal, etc. is installed, resulting in the death of a victim who dried the crosswalk, by neglecting the duty of care at the front of the intersection where the signal, etc. is installed, which led to the death of the victim who dried the crosswalk even though the signal was stopped. The degree of negligence is not less severe, but more serious result that is impossible to follow the degree of death, and the fact that the Defendant was punished for the same kind of crime

On the other hand, it is favorable for the defendant to take necessary measures, such as the fact that the defendant recognizes his mistake and reflects depth, that there is no criminal history beyond the fine of the defendant, that the bereaved family members of the victim do not want the punishment of the defendant, that the vehicle of the defendant was covered by the comprehensive motor vehicle insurance, that the defendant reported immediately after the accident, etc.

Considering all of the above circumstances and other conditions of sentencing under Article 51 of the Criminal Act, it is difficult to deem that the lower court’s punishment is too unfasible and unfair.

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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