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(영문) 수원지방법원 2015.08.21 2015노898
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the community service order and the fine of 500,000 won for 2 years of suspended execution and 240 hours in October) of the lower court is too uneasy and unreasonable.

2. The circumstances after the crime are not good because the defendant's failure to perform his duty of care, such as excessive speed, causes a traffic accident, resulting in a harsh consequence that may result in the death of the victim, resulting in poor quality of the crime, and the victim's failure to agree with his bereaved family members.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is against the Defendant; (b) there is no history of criminal punishment; (c) the victim’s bereaved family members were paid insurance money to recover partial damage; (d) the victim was involved in an accident while crossing the road in violation of the signal at night; and (e) the victim was partly negligent for the victim; and (e) other circumstances, which are conditions for sentencing specified in the instant case, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime

Therefore, the prosecutor's above assertion of unfair sentencing is without merit.

3. If so, the prosecutor's appeal 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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