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(영문) 부산지방법원 2015.10.22 2015노1994
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (two years of suspended execution of October) of the lower court is deemed to be too unhutiled and unfair.

2. The fact that a victim who passed a crosswalk due to the defendant's occupational negligence has a serious result in the death of the victim, and that the victim's bereaved family does not agree with the victim is disadvantageous to the defendant.

However, considering the favorable circumstances, such as the fact that the defendant shows an attitude against the defendant recognizing the crime of this case, the vehicle driven by the defendant is subscribed to a comprehensive motor vehicle insurance, the defendant deposited KRW 20 million for the bereaved family of the victim in the course of investigation, the defendant was a primary offender who has no record of criminal punishment before the case, and other favorable conditions of sentencing as shown in the argument of this case, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unjustifiable and unreasonable.

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

(However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, "1. Social Service Order Article 62-2 of the Criminal Code" shall be deleted.

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