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(영문) 수원지방법원 2017.05.19 2016노7434
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of suspended execution in October of the imprisonment without prison labor and forty hours of lecture attendance order for compliance driving) is too uneasible and unfair.

2. The judgment that caused the death of the victim due to the negligence of driving a vehicle by neglecting the duty of care in front of the defendant is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the defendant has no record of being punished in excess of the fine for the same kind of crime for a considerable period, the defendant did not have any violation of the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents at the time of the accident of this case, the fact that the defendant violated the proviso of Article 3(2) at the time of the accident of this case, the defendant's bereaved family members do not want the punishment of the defendant, and the vehicle involved in the accident is covered by the comprehensive motor vehicle insurance, and the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., the court below'

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

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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