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(영문) 전주지방법원 2020.11.19 2020노1204
교통사고처리특례법위반(치사)
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, one year of suspended execution, and 80 hours of community service order) is too unhued and unreasonable.

2. It is recognized that the judgment of the defendant neglected to neglect the time of death and caused the death of the victim E due to a traffic accident caused by the operation of a motor vehicle, and that the defendant did not receive a letter from the victim's bereaved family members.

However, the accident of this case seems to be caused by the negligence of the victim, which took place without using headlights or tail lights on one-lane of the national highways with no street lights, in the condition of 0.129% of the defendant's negligence and blood alcohol concentration, as seen above, when the accident of this case was in operation of Otoba without a driver's license. The vehicle operated by the defendant is covered by the comprehensive automobile insurance; the defendant deposited the victim's bereaved family members with H as the victim's principal; the defendant deposited 5 million won as the victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's injury at around 2016; the defendant did not have any punishment power except for the defendant's victim's victim's victim's injury with a summary order of a fine of KRW 700,000 due to the defendant'

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.

[However, pursuant to Article 25(1) of the Rules on Criminal Procedure, “1. Partial statement of the defendant is added to “the summary column of evidence” of the second written judgment of the court below.”

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