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(영문) 의정부지방법원 2019.10.31 2019노1955
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (or six months of imprisonment without prison labor, one year of suspended execution, and 40 hours of attending a law-abiding driving lecture);

2. The Defendant, while driving a road on which a crosswalk without signal lights is installed, confirmed whether there is a person standing on the front door and the right and the right of the road, and caused a traffic accident by negligence while neglecting the duty of care to safely drive the road. The Defendant, even though there is a duty of care to safely drive the road, causes the death of the victim who dried the road, and the responsibility is heavy.

However, in full view of the favorable circumstances, such as the fact that the Defendant recognized the instant crime, thereby against the mistake, that the lower court made a criminal agreement by paying KRW 50 million to the victim’s bereaved family members, that additionally made an agreement by paying KRW 10,000,000 to the additional money in the trial, that is, vehicle comprehensive insurance, that there is no record of criminal punishment heavier than a fine, and that there is no record of criminal punishment, and other circumstances that are conditions for sentencing specified in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is deemed reasonable, and it is not deemed unfair because it is too unreasonable.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

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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