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(영문) 광주지방법원 2019.08.22 2018노3830
교통사고처리특례법위반(치사)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 15,00,000) is too unhued and unreasonable.

2. The Defendant’s negligence on the part of the Defendant, and the occurrence of a very serious result of the victim D’s death due to the instant crime, etc. is disadvantageous to the Defendant.

On the other hand, it is more favorable that the defendant reflects his mistake in a first offense with no criminal power, and there are some other circumstances to consider the occurrence of the traffic accident in this case, and that the defendant agreed with some victims in the court below and agreed to it additionally with the other victims.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, 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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