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(영문) 광주지방법원 2014.10.10 2014노753

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In 2010, there is a record that the Defendant was punished by a fine for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and was punished for the same crime, and that the Defendant shocked the victim who dried the crosswalk according to the pedestrian signal, and that the victim suffered an injury that requires approximately 11 week medical treatment, etc., is disadvantageous to the Defendant.

However, in light of the favorable circumstances, such as the fact that the Defendant appears to have recognized his mistake and against it, the construction was in progress in the three-lanes at the time of the Defendant’s rounding, and the truck related to the construction was parked, and thus the Defendant left the view of the Defendant, the Defendant stopped immediately after the instant traffic accident, and took relief measures, etc., the Defendant was taking advantage of the favorable circumstances, such as the fact that the Defendant subscribed to an automobile comprehensive insurance, the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, etc., the Prosecutor’

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.