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(영문) 광주지방법원 2018.11.08 2018노1690
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (12,000,000 won) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. The fact that the instant traffic accident caused by the Defendant, which caused the death of the victim, is an unfavorable circumstance to the Defendant.

On the other hand, the fact that the defendant reflects his mistake, that the defendant has no history of punishment before the instant case, and that the bereaved family does not want the punishment against the defendant by mutual consent with the bereaved family members of the victim.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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