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(영문) 대전지방법원 2014.12.29 2014노1579

교통사고처리특례법위반

Text

The appeal by the prosecutor is dismissed.

Reasons

Summary of Grounds for Appeal

(F) The sentence of the original judgment (10 months of imprisonment without prison labor, 2 years of suspended execution) is too unfluent and unfair.

Judgment

The victim suffered serious injury due to the instant traffic accident, but it is not agreed with the victim, etc. is disadvantageous.

However, in light of the fact that the defendant repents his mistake in depth and reflects it, and the location and circumstances of the accident in this case, etc. of this case, the victim seems to have been at considerable negligence in the occurrence of traffic accidents and the expansion of damage, the vehicle is affiliated with the National Passenger Transport Business Association of Korea, there are no criminal records identical to the defendant, and there are no criminal records exceeding fines, and there are other circumstances to consider such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and various sentencing conditions such as the defendant's age, character, character, environment, motive and consequence, etc., and the range of recommended sentence according to the sentencing guidelines of the Sentencing Commission of the Supreme Court, traffic accident (type 1), general traffic accident (type 1), special form of persons (type 1), decision on the recommended area (basic area), the scope of recommendation (type 4-10 months) and suspended execution.

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 groundless. It is so decided as per Disposition.