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(영문) 대전지방법원 2017.02.01 2016노2372
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in October, and eight hours of community service order) is too unhued and unreasonable.

2. That the degree of violation of the duty of care, such as the defendant's access to the intersection of this case without reducing speed, is light;

According to the fact that it is not possible to see, the result of the death of the victim due to the traffic accident in this case, and the fact that the victim did not agree with the victim, it is reasonable to place the defendant with severe punishment.

However, the instant traffic accident appears to have been committed by the injured party due to the shocking side part of the Defendant’s vehicle, and there seems to have been considerable negligence in entering the intersection, and such negligence appears to have considerable influence on the occurrence of the instant traffic accident and the occurrence of the victim’s death, such as reporting to 119 immediately after the occurrence of the instant traffic accident, and the Defendant has made efforts in response to the accident management, such as the purchase of comprehensive insurance on the Defendant’s vehicle, the fact that the Defendant was subscribed to the instant accident, the Defendant is against the time of the instant crime, and the Defendant is an initial offender who has no record of criminal punishment.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment cannot be deemed unfair because it is too uneasible.

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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