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(영문) 창원지방법원 2016.11.03 2016노647
교통사고처리특례법위반
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 hundred months of imprisonment without prison labor and two years of suspended execution) is too unhued and unfair.

2. The instant accident was caused by negligence that the Defendant, while driving a bus on an expressway parking lot, neglected the duty of frontway and right and right and right and right and right of the bus, resulting in the death of the Defendant. The Defendant’s negligence and degree of damage are very heavy, and the Defendant was punished by a fine of KRW 1 million due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 2003, but the Defendant again caused the instant accident is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant confessions the facts constituting an offense; (b) the bus operated by the Defendant is subscribed to a motor vehicle mutual aid; and (c) the bereaved family does not want the punishment of the Defendant separately by mutual consent with the bereaved family members; and (d) the Defendant’s age, environment, character and conduct, motive of the offense; and (e) circumstances before and after the commission of the offense, etc., which are the conditions of sentencing as shown in the records and arguments of the instant case,

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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