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(영문) 서울중앙지방법원 2017.04.20 2016노4330

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the Defendant’s sentence (two years of suspended execution in October, and one hundred and sixty hours of community service order) that the lower court rendered by the Defendant is too unhued and unreasonable.

2. In the instant accident, the fact that the victim suffered serious injury to human beings, and that the victim did not reach an agreement with the victim is disadvantageous to the Defendant.

However, the fact that the defendant recognized the crime of this case and against it, the occurrence of the accident of this case acts as an important reason for the victim's unauthorized crossing, the defendant subscribed to a motor vehicle comprehensive insurance, and paid KRW 332,498,240,000 as insurance money, including civil agreement by paying KRW 250,000,000 as compensation to the victim (the trial record No. 30,32), and deposited KRW 10,000 in the first instance court for the victim, and additionally deposited KRW 1,00,000 in the appellate court for the victim, and there is no criminal history above the suspended execution.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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. It is so decided as per Disposition.