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(영문) 의정부지방법원 2014.06.18 2013노1906
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (two years of suspended sentence of one year and six months) declared by the court below is deemed to be too unfortunate and unfair.

2. Determination is recognized in light of the following circumstances: (a) the Defendant was punished three times by a fine for the same or similar crime; (b) the Defendant was punished by a fine for a single-time suspension of execution; and (c) the victim was dead due to the instant crime; and (d) the Defendant was negligent in causing such a result.

However, the defendant led to his confession of the crime of this case and divided his mistake, and deposited KRW 28 million in the court below for the bereaved family members of the victim. The court below reached an agreement with the bereaved family members of the victim, and the vehicle driven by the defendant was covered by a comprehensive motor vehicle insurance and paid insurance money to the bereaved family members of the victim, and taking into account all of the sentencing conditions stated in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and circumstances after the crime, etc., the punishment sentenced by the court below is appropriate, and it cannot be deemed unfair because it is too uneasible. Thus, the prosecutor's allegation above is without

3. Therefore, 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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