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(영문) 수원지방법원 2019.01.09 2018노6485
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In light of the fact that the crime of this case resulted in a serious consequence of the victim's death, etc., the liability for the crime of this case is not somewhat unfavorable to the defendant; however, it is difficult to view that the sentence of the court below is unreasonable by comprehensively taking into account the circumstances favorable to the defendant, such as the defendant's age, character, environment, family relationship, motive of the crime, and the circumstances before and after the crime, etc., in light of the following: (a) the defendant's mistake is contrary to the defendant's recognition of his mistake; (b) the victim's negligence that illegally crosses the road on the new wall without permission appears to have been partly caused by the occurrence and expansion of the accident; (c) the defendant's bereaved family does not want the defendant's punishment; and (d) the defendant has

Therefore, the prosecutor's above assertion is without merit.

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

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