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(영문) 대구지방법원 2016.06.02 2015노1831
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment without prison labor for eight months, the suspension of the execution of two years, and the order to attend a compliance driving lecture for twenty-four hours) is too uncomfortable and unfair.

2. The fact that the Defendant caused the instant traffic accident due to negligence that the Defendant did not perform his/her duty on the front and the left left-hand and left-hand part, resulting in the death of the victim.

However, in full view of all the sentencing conditions in the records, such as the fact that the defendant recognized the facts charged and reflected in the charges, the victim's bereaved family members and the original agreement, the driver's vehicle was covered by the comprehensive motor vehicle insurance, and other circumstances in the records, such as the defendant's age, sex behavior, environment, occupation, and circumstances after the crime, the sentence of the court below is not deemed unfair.

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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