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(영문) 서울남부지방법원 2018.07.12 2018노231

교통사고처리특례법위반(치상)

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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 (five months of imprisonment without prison labor, one year of suspended execution, and 40 hours of lecture for compliance driving) is too uneasible and unfair.

2. The instant crime was committed by the Defendant while driving the Oral Seabs, and the degree of negligence of the Defendant is that the Defendant’s negligence was shocked by violating the signal.

The victim suffered a relatively serious injury that needs to be treated for 6 weeks due to the instant accident.

However, the Defendant recognized the instant crime and opposed it.

The defendant deposited KRW 2.7 million as compensation for damage in the future of the victim.

Defendant

The driver's office has subscribed to mandatory insurance.

There is no particular criminal offense against the defendant.

In addition, in consideration of all the sentencing circumstances shown in the records and arguments of this case, such as the defendant's age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal experience, the sentence of the court below is too uneasible and unfair.

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.