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(영문) 서울중앙지방법원 2013.10.10 2013노2581
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment without prison labor, two years of suspended execution, and forty hours of an order to attend a law-abiding lecture) of the lower court is deemed to be too unfeasible and unfair.

2. In light of the fact that the traffic accident in this case resulted in a serious result leading to the death of the victim, and that no agreement has been reached with the victim's bereaved family until the trial at the trial at the trial, the defendant should be punished strictly. However, in light of the defendant's age, character and conduct, environment, and other factors, it cannot be deemed unfair that the defendant's punishment too much is unreasonable, considering the following: (a) the defendant has divided and reflected his own crime in depth from the investigation stage to the trial at the trial; (b) the defendant's garlating three-lanes of the road by using the black clothes at night; (c) the victim's bereaved family members received 46,608,540 won from the responsible insurance company; (d) the victim's bereaved family members received 46,608,540 won from the responsible insurance company; and (e) the defendant deposited the victim's bereaved family members in total; and

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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