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(영문) 광주지방법원 2014.09.12 2014노526

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (a fine of five million won) is too unhued and unreasonable.

Judgment

The fact that the accident occurred in the children protection zone, the victim is the child of 6 years of age, and the injury is more than 10 weeks, is disadvantageous.

However, considering that the defendant's mistake is recognized, only two times of a fine, and there are no criminal records of the same kind, there are some negligences on the part of the victim in the occurrence of the accident in this case, and that the victim agreed with the injured party, and that the injured party did not want the punishment of the defendant, it is more favorable that the court below's punishment is too unjustifiable and unreasonable, considering the circumstances leading to the crime in this case, the circumstances after the crime in this case, the defendant's age, character and behavior, and other various sentencing conditions in the arguments in this case, such as the defendant's circumstances, the defendant's age, character

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.