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(영문) 창원지방법원 2018.01.11 2017노3114
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment without prison labor for eight months and the suspension of execution for two years) is too unhued and unfair.

2. The Defendant neglected the duty to drive safety, resulting in the Defendant’s negligence without neglecting or temporarily stopping the red flickering-off signal on and off the intersection, thereby causing the Defendant’s injury, such as harming the clibane driven by the victim E, thereby causing damage to clibing. As a result, the said victim’s death occurred, the victim’s bereaved family did not reach an agreement with the victim’s bereaved family member, and the said bereaved family member wanted to punish the Defendant’s severe punishment, and is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the victim cannot be deemed to have been negligent in the occurrence of the instant accident without temporarily stopping the said intersection; (b) the vehicle driven by the Defendant is covered by a comprehensive insurance; (c) the Defendant deposited KRW 15 million in the lower court; (d) the Defendant deposited KRW 5 million in the core; (e) the Defendant did not have been subject to punishment other than the minor fine of this kind on three occasions; and (e) the Defendant’s age, environment, sex behavior, circumstances before and after the commission of the crime, etc., and other various circumstances, which are the conditions for sentencing as shown in the instant records and pleadings, such as the Defendant’s age, environment, sex, criminal conduct, circumstances before and after the commission of the crime, etc

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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