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(영문) 창원지방법원 2017.05.11 2016노3198
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Although the fact that the victim died due to the accident in this case in the board is an unfavorable condition to the defendant, it is not recognized that there was no negligence on the occurrence of the accident in this case, such as the fact that the defendant recognized and reflected the crime, that the victim was taking advantage of access roads in the state of detention, etc., that the victim’s bereaved family members were paid KRW 30 million to the victim, that the victim’s bereaved family members did not want the punishment of the defendant, that there was no record of punishment for the defendant, and that there was no record of punishment for the defendant, etc., in full view of various other circumstances, including the defendant’s age, environment, sex behavior, criminal conduct, circumstances before and after the crime, etc., it is not recognized that the sentence imposed by the court below is unfair because it is too unfasible.

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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