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(영문) 창원지방법원 2016.06.30 2016노691
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 (the imprisonment without prison labor for eight months and the suspension of execution for two years) is too unhued and unfair.

2. On the other hand, the Defendant’s failure to perform his duty of care to prevent accidents by driving safely, and the occurrence of the occurrence of the occurrence of the instant traffic accident due to negligence, which led to the death of the victim, is disadvantageous.

On the other hand, there are favorable circumstances such as the fact that the defendant led to the confession of the crime and reflects on the defendant, the fact that there was no negligence in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the fact that the damaged vehicle is subscribed to the automobile insurance, and the defendant does not want the punishment against the defendant separately, the bereaved family does not want the same punishment, the fact that there is no record of punishment, and the victim who did not exercise due care in crossing the road has a considerable negligence in the occurrence of traffic accidents or

In addition, the lower court appears to have determined the sentence against the Defendant by taking into account all the circumstances, and taking into account the various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, it is not recognized that the lower court’s punishment is too unfeasible and unfair.

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

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