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(영문) 창원지방법원 2013.11.21 2013노1567

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant suffered each injury of the victim F and G on board the taxi with a taxi entering the intersection due to a direct progress signal from the occupational negligence entering the intersection in violation of the signal, and the victim H was killed, about 12 weeks, and about 17 weeks to the victim D (the criminal facts of the judgment of the lower court stated that the victim D suffered an injury requiring about 5 weeks treatment, but it appears that the victim D suffered an injury requiring about 17 weeks in total due to the merger certificate, etc. caused by the accident of this case) in light of the fact that the victim D suffered an injury and its result is very serious, and that the crime is not less obvious than that of the victim D, the punishment of the lower court (two years of suspended execution for one year) is too unfeasible.

2. Taking into account the circumstances alleged by the prosecutor, in light of the following: (a) the Defendant purchased a motor vehicle comprehensive insurance policy; (b) the Defendant’s bereaved family members or the other victims do not want the Defendant’s punishment by mutual agreement with the victim F, G’s bereaved family members, and the victim H and D; and (c) the Defendant has no specific penalty history other than one time prior to a fine, the lower court’s sentence imposed by the lower court cannot be deemed unfair, and thus,

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.