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(영문) 대구지방법원 2017.08.17 2017노615
교통사고처리특례법위반(치사)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of one year, two years of probation, 120 hours of community service, and 40 hours of compliance driving) is too uneasible and unfair.

2. The fact that the Defendant was issued a summary order due to the violation of the Road Traffic Act, and that the Defendant caused a traffic accident while driving a motor vehicle at the speed of the motor vehicle at the speed of the motor vehicle once a month, and that the occurrence of a traffic accident led to the heavy result of the victim’s death.

However, in full view of all the sentencing conditions shown in the records and arguments, including Defendant’s age, sex, environment, occupation, and circumstances after the crime, etc., the sentence of the court below is too unjustifiable and it is not recognized that the sentence of the court below is unfair, in light of the following: (a) the victim’s bereaved family members reflects the mistake while committing the crime; (b) the victim’s consent does not want the punishment of the defendant; (c) the vehicle is covered by the comprehensive automobile insurance; and (d) the victim is partly responsible for the occurrence of the accident by towing the bicycle; and (c) the victim unauthorizedly crossing the road; and (d) the Defendant is driving the vehicle on the following day after drinking alcohol at the time of the occurrence of the case.

3. 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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