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(영문) 대전지방법원 2015.12.11 2015노1696
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the year of imprisonment without prison labor for eight months and the year of suspended execution) is deemed to be too unhued and unfair.

2. Determination

A. The crime of this case is a case where the defendant caused a traffic accident due to the negligence of driving strokely and caused the victims' death or the victim's injury, and the defendant's responsibility is not less severe than that of the defendant's liability.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant was not subject to the previous punishment and sentence, the confession of the crime, the Defendant’s driver’s vehicle is subscribed to a comprehensive motor vehicle insurance, the bereaved family members and the victim injured, the Defendant agreed to do so smoothly with the victim injured, and the Defendant’s health status is not good for the aged aged 74.

In addition, considering all sentencing conditions in the instant case, such as the family relationship, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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