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(영문) 창원지방법원 2017.11.09 2017노2507
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. There is a disadvantage to the defendant, such as the fact that the defendant neglected his duty to turn to the left while making a left turn due to negligence, etc., and the result of the victim's death was caused by the driver's death at the same place;

However, in full view of the following circumstances: (a) the Defendant recognized the offense; (b) there was an agreement with the victim’s bereaved family members; (c) the vehicle driven by the Defendant is subscribed to a comprehensive motor vehicle insurance contract; (d) the said bereaved family members seem to receive damage compensation from the said insurance company; (c) the Defendant has no record of punishment; (d) the Defendant has family members to support the Defendant; and (e) the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the offense; and (e) the sentencing conditions specified in the records and arguments, such as the circumstances before and after the commission of the offense

Even if it is not so unfair that it should be destroyed.

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

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