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(영문) 서울중앙지방법원 2013.04.04 2013노618

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for eight months, the suspension of execution for two years, and the order to attend a law-abiding lecture for forty hours) of the lower court is deemed to be too uneasy and unfair.

2. Although the judgment of the court below is based on the following factors: (a) the defendant's negligence caused the instant traffic accident by entering the opposite lane beyond the median line, and the degree of the victim's injury exists; (b) although the taxi driving by the defendant was admitted to the Financial Cooperative and expected to recover considerable damage; (c) it appears that the defendant, who deposited KRW 1 million in the court below and reflects his negligence, could have a sufficient warning effect; (d) the defendant's punishment would have a dependent on the defendant; and and (e) other all kinds of sentencing conditions such as the defendant's age, character, behavior, and environment, it cannot be deemed that the sentence of the court below is too unreasonable.

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