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(영문) 대구지방법원 2013.09.05 2013노719
교통사고처리특례법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A, 10 months of imprisonment without prison labor, 2 years of suspended execution, 160 hours of community service, 6 months of imprisonment without prison labor and 2 years of suspended execution) declared by the court below is too uneasible and unfair.

2. The Defendants were subject to punishment for traffic-related crimes, and the nature of the crime is not weak due to the serious consequence of the death of the victim of the instant accident.

However, there is no penalty power exceeding fines by the Defendants, and the vehicles A are covered by the comprehensive motor vehicle insurance, and the motor vehicles B are covered by the cargo mutual aid association.

In full view of the Defendants’ negligence degree of the instant accident, the amount of insurance money of KRW 150 million paid to their bereaved family members, as well as the fact that Defendant A additionally deposited KRW 10,000,00,000, and all other sentencing conditions in the records and arguments, including the Defendants’ age, character, conduct, environment, etc., the sentence imposed by the lower court cannot be deemed unfair because it is too una

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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