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(영문) 대전지방법원 2015.07.23 2015노887
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court against the Defendant is too uneased and unreasonable.

2. The instant crime is determined by the following: (a) the Defendant caused a traffic accident shocking the victim; and (b) resulting in the death of the victim; and (c) in light of the Defendant’s negligence and degree of damage, the Defendant’s liability is considerably heavy.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstance before and after the crime, etc., the lower court’s sentence is too unjustifiable and thus unfair, as it is deemed that the Defendant’s sentence is too unjustifiable, and thus, the Defendant’s bereaved family members do not want the Defendant’s punishment by mutual consent with the victim; the Defendant’s bereaved family members do not have any specific criminal power other than sentenced to a fine as a type of a crime; the victim appears to have been negligent in causing the instant traffic accident and expanding the damage.

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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