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(영문) 전주지방법원 2017.03.24 2016노1871
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment without prison labor for eight months and the suspension of execution for two years) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant was negligent in failing to perform his duty at the front time while driving a car, leading to the death of the victim who entered the intersection by shocking the victim as is, and causing the death. The crime of this case is not easy. The occurrence of the serious result leading to the death of the victim due to the traffic accident of this case, etc.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake thereof in depth, there is no record of criminal punishment for the same crime before, and the defendant's vehicle is covered by the automobile comprehensive insurance, and the victim's bereaved family members do not want the punishment of the defendant by mutual consent with the victim's bereaved family members.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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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