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(영문) 의정부지방법원 2016.12.01 2016노2462
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the sentence (two years of suspended execution in six months of imprisonment without prison labor) declared by the court below is too uneasible and unfair.

Judgment

The accident of this case resulted in a serious result of the victim's death.

However, at the time of the accident of this case, the victim's negligence seems to have been considerable.

The defendant deposited KRW 30 million for the bereaved family members of the victim in the court below, and the sea-going vehicle is insured by the Financial Cooperative.

There is no record that the defendant was punished for the same crime.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the instant crime, etc., and the scope of recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee, etc., the lower court’s sentence cannot be deemed as being too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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