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(영문) 광주지방법원 2014.11.06 2014노855
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (eight million won of a fine) is too unhued and unreasonable.

2. The judgment of the court below shows that the traffic accident of this case resulted in the death of the victim, one of the bereaved family members of the victim's compensation, etc., and the fact that the defendant is punished for the defendant is deemed to have committed the crime of this case, but the location of the accident of this case is the road front of the tunnel where the central separation is installed, and the passage of people could not be easily anticipated due to the lack of authorization, commercial building, rice field, etc. Thus, the defendant could not easily discover the victim who walking on the road of this case by putting the clothes of coloring at night. The defendant agreed to pay 45 million won to the spouse of the victim who is the bereaved family member of the victim. The defendant was the first offender with no criminal power, and the defendant's age, character and conduct, circumstances, circumstances of the crime of this case, and the result after the crime of this case are considered to have been committed, and there is no reason to believe that the above assertion by the court below is unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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