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(영문) 대구지방법원 2017.11.09 2017노2445
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution in October, and one hundred and sixty hours of community service in community service) is unreasonable because it is too unfasible.

2. The accident of this case, which occurred by the negligence of the defendant, led to a serious result of the death of the victim, and the defendant did not receive a letter from the bereaved family of the victim.

However, in full view of the following facts: (a) the Defendant recognized the facts charged; (b) the primary offender; (c) the fault of the victim in the occurrence of the instant accident appears to have been considerably attributable to the occurrence of the instant accident; (d) the Defendant’s driver’s vehicle is covered by a comprehensive motor vehicle insurance; and (e) the Defendant’s age, sex, environment, circumstances leading to the commission of the crime; and (e) all the sentencing conditions indicated in the record, such as the circumstances after the commission of the crime, etc.,

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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