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(영문) 광주지방법원 2013.10.04 2013노1596
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not agree with the victim’s bereaved family members, despite the fact that the victim died due to the instant crime, and that the bereaved family members want to be punished by severe punishment, etc., the lower court’s punishment (six months, two years of imprisonment without labor, two years of suspended execution, and 80 hours of community service) is too weak.

2. The judgment of the court below, although the traffic accident involved by the defendant's negligence resulted in the death of the victim, and the victim's bereaved family members did not agree so far, on the other hand, at the time of the instant accident, the victim could have been crossing the road driving signal. On the other hand, the instant traffic accident is likely to have been driven by the victim's negligence, which is not the fault of the defendant. Although the Defendant did not reach an agreement with the bereaved family members, even though the victim did not reach an agreement with the bereaved family members, the victim deposited KRW 7 million in total in the future, but the bereaved family members deposited the amount of damages worth KRW 23 million. Furthermore, in full view of all the sentencing conditions shown in the records and arguments, including the fact that the instant case was first committed, the traffic accident-related crime was committed against the defendant, the age, character and conduct of the defendant, the circumstances before and after the crime, etc., the prosecutor's 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 ground that it is without merit. It is so decided as per Disposition.

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