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(영문) 전주지방법원 2017.03.24 2016노1751
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in 6 months of imprisonment without prison labor and 2 years of suspended execution) is too uneasy and unreasonable.

2. The crime of this case was committed by the negligence that the Defendant neglected his duty at the front of the vehicle of the Defendant and caused the death of the victim by taking the scooters before driving the vehicle of the Defendant, which led to the death of the victim. The crime of this case is an unfavorable circumstance to the Defendant, such as the occurrence of the serious result of the death of the victim due to the instant traffic accident.

On the other hand, the fact that the defendant had no record of criminal punishment before, recognition of the crime of this case and reflects the mistake in depth, and that the victim's bereaved family does not want the punishment by mutual consent with the victim's bereaved family members, etc. are favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, 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 as it is without merit. It is so decided as per Disposition.

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