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(영문) 인천지방법원 2013.07.05 2013노431

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution in six months of imprisonment, and eight hours of social service) declared by the court below is too unfased and unreasonable.

2. The damage caused by the instant accident is serious, and the Defendant’s failure to receive a letter from the victim is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant reflects the instant crime; (b) the Defendant was an automobile comprehensive insurance against which a harming vehicle was admitted; (c) the Defendant deposited KRW 3.5 million in the first instance court; and (d) the Defendant deposited the amount of criminal agreement in the first instance court; (b) the Defendant was making efforts to recover the victim’s damage by further deposit of KRW 1 million in the first instance court; (c) there is no specific criminal penalty power other than a single fine; and (d) other circumstances that form the condition for the argument and sentencing specified in the record of the instant case, such as the Defendant’s age, character, conduct, and environment, the Defendant’s punishment imposed by the lower court is too un

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