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(영문) 창원지방법원 2017.11.30 2017노2680
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment without prison labor for four months and one year of suspended execution) is too unhued and unfair.

2. The circumstances unfavorable to the Defendant, such as the fact that the Defendant was negligent in neglecting his duty to drive safety, resulting in the victim's bodily injury, such as having been driven by the vehicle driven by the victim due to his negligence, resulting in the victim's serious death during half year.

However, in full view of the following circumstances: (a) the Defendant recognized the offense; (b) there was an agreement with the victim’s bereaved family members; (c) the vehicle driven by the Defendant was covered by a comprehensive motor vehicle insurance, and the said bereaved family members would be paid part of the medical expenses and be able to receive compensation for the remainder of the medical expenses, etc.; and (d) the Defendant’s age, environment, sexual conduct, circumstances of the offense, and circumstances before and after the commission of the offense; and (e) other various circumstances that form the conditions for sentencing specified in the instant records and arguments, such as the Defendant’s age, environment, sexual conduct, circumstances before and after the offense

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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