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(영문) 의정부지방법원 2016.11.17 2016노2410

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (two years of suspended execution, community service, 400 hours, and 40 hours of attending lectures in August) that the court below sentenced the defendant is too unfasible and unfair.

Judgment

In light of the fact that the Defendant caused a traffic accident due to negligence exceeding approximately 20 to 50km/h of the limitation speed, and that the victims suffered serious injury, and that the Defendant appears to have failed to take particular measures for the relief of victims after the instant accident, the nature of the crime is not weak.

In addition, the Defendant did not agree with the victims up to the trial.

However, there is no history that the defendant was punished for the same crime and there is no history of punishment exceeding the fine, the vehicle driven by the defendant is covered by a comprehensive insurance, so the victims' recovery of damage is guaranteed, and the defendant deposited KRW 3 million in the court below for victims.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the instant crime, etc., and the scope of recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee, etc., the lower court’s sentence cannot be deemed as being too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

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