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(영문) 서울중앙지방법원 2016.06.16 2016노504

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of suspended execution in May of imprisonment without prison labor and forty hours of community service order) is too uneasy and unreasonable.

2. Determination is that the defendant has a large number of criminal records of the same kind, that is an accident due to a signal breach, and that the degree of injury of the victim is a serious disadvantage to the defendant.

However, in full view of the reasons taken into account by the court below (the grounds that the court below is against the law, the fact that the taxi operated by the defendant was subscribed to the Financial Cooperative, the fact that the taxi operated by the defendant was deposited in the Financial Cooperative for the victim), the fact that the court below additionally deposited KRW 2 million for the victim in the appellate trial, and other various circumstances that are conditions for sentencing as shown in the records, such as the defendant's age, sexual conduct, and circumstances after the crime, it cannot be deemed unfair because the sentence imposed by

The prosecutor's assertion is not accepted.

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