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(영문) 대구지방법원 2016.06.23 2015노3052
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (the suspended sentence for four months of imprisonment without prison labor) is too unhued and unreasonable.

2. The fact that the Defendant caused the instant traffic accident by negligence that did not fulfill his duty of care on the right and the right and the right and the right and the right and the right of the Defendant’s death is recognized.

However, in full view of all the sentencing conditions in the records, including the defendant's age, sex, environment, and circumstances after the crime, the sentence of the court below is unfeasible and it is not deemed unfair, in light of the following: (a) the traffic accident in this case is likely to result in competition with the victim's negligence at night; (b) the defendant agreed with the victim's bereaved family members only; (c) the vehicle was covered by a comprehensive insurance; and (d) the vehicle was a primary offender who has no history of punishment; and (e) all the sentencing conditions in the records.

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

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