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(영문) 창원지방법원 2015.04.02 2014노2760

교통사고처리특례법위반등

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The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. In the instant case, the degree of injury suffered by the victim G is more than 24 weeks, and it was not agreed with the victims, and the terms of exemption from driving without license cannot benefit from the comprehensive motor vehicle insurance due to the terms and conditions of exemption from driving without license, and the fact that the Defendant had previously been punished by causing a motor vehicle accident is disadvantageous to the Defendant.

However, in light of the fact that the instant accident itself was insignificant as a minor drilling accident, and the injury suffered by E, a victim of another victim, was unfolded in two weeks, etc., it is difficult to consider the degree of the injury suffered by the victim G as the result of the injury generally difficult to anticipate in light of the degree of the accident. Therefore, it is difficult to consider the degree of the injury suffered by the victim G as all the circumstances disadvantageous to

(However, according to the records and evidence of this case, the fact that the above victim suffered injury as stated in the judgment of the court below is recognized and no other reason exists). This is against the defendant's wrong and deposited 5 million won for the victim G, the defendant did not have any criminal record other than the fine three times, and other various sentencing conditions such as the defendant's age, character and conduct, environment, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.