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(영문) 청주지방법원 2020.06.04 2019노1328

교통사고처리특례법위반(치상)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant violated signal signals at the intersection, resulting in serious injury to the victim who needs to be treated for 14 weeks; (b) was aware of such violation; (c) the victim was aware of such violation; (d) the victim’s treatment process; (e) the victim’s current state, including the treatment process; and (e) the victim’s severe punishment; and (e) the circumstances that were not agreed with the victim, etc., the Defendant’s punishment (including six months of imprisonment without prison labor, two years of suspended execution, two years of social service, 160 hours of social service

2. The judgment of the Defendant, despite being aware that the Defendant was in violation of the signal, is serious in the crime of collision with the victim’s vehicle who was directly at the time and went to the left, and of injury to the victim difficult to recover, the Defendant was taking out the liability insurance at the time, and the victim was not adequately compensated for the damage up to now, and there are unfavorable circumstances, such as the victim’s desire to make

However, at the time of the accident, the defendant is against the defendant, and the victim drives the road 60 km speed per hour exceeding two times the speed limit of 60 km at the time of the accident, and it seems that the speed of the victim has contributed to the occurrence of the accident and the expansion of the damage, and there are favorable circumstances such as the first offender.

In addition, considering the character, behavior, environment, motive, means and result of the crime, the sentence of the court below is judged to be appropriate.

3. The prosecutor's appeal of 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.