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(영문) 전주지방법원 2013.05.24 2013노35

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (6 months of imprisonment without prison labor, 2 years of suspended execution, and 40 hours of order to attend a course) is too uneasable in light of the overall sentencing conditions in light of the summary of the grounds for appeal.

2. The instant crime of appeal on the grounds of appeal is to be strictly punished by the Defendant in light of the following: (a) the Defendant caused a traffic accident to cause a traffic accident, resulting in the injury to the victim requiring approximately nine weeks medical treatment; (b) the degree of damage to the victim is relatively heavy; (c) the Defendant did not agree with the victim up to the trial; and (d) the Defendant had the record of being punished twice for the same kind of crime.

However, in full view of the following: (a) the Defendant recognized his mistake, and there is no history of punishment heavier than a fine; (b) the instant vehicle is covered by a comprehensive insurance; (c) the Defendant deposited KRW 5,000,00 for the victim at the lower court; (d) the Defendant is required to support his wife and two children; and (e) the Defendant’s age, character and conduct, environment, criminal records, circumstances leading to the instant offense; (e) the circumstances leading the Defendant to the instant offense; (b) means and consequence; and (c) other various sentencing conditions specified in Article 51 of the Criminal Act, such as the situation before and after the instant offense, the lower court’s sentence is too unreasonable and thus, is not recognized to be unreasonable. Therefore, the Prosecutor’

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.