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(영문) 창원지방법원 2013.09.26 2013노717

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant suffered injury to the victim C who walked on the crosswalk by receiving a cargo lane for the defendant's driving, which requires medical treatment for about 14 weeks, and that the defendant has been punished several times due to the violation of the Road Traffic Act or the violation of the Road Traffic Act (in the past, nine times a fine and one time a suspended sentence of imprisonment), the defendant did not agree with the victim, and the defendant has been absent several times in the trial proceedings of the court below. In light of the above, the sentence (in the event of suspended sentence for August, 200, two years a suspended sentence, and 40 hours an order to attend a compliance driving course) imposed by the court below is unreasonable.

2. Taking into account the aforementioned circumstances asserted by the prosecutor, even if the Defendant took into account: (a) the Defendant reflects the Defendant’s mistake in depth; (b) the Defendant took out an agreement with the victim C on July 20, 2012 that if the Defendant pays the victim C a sum of KRW 20 million to December 15, 2012, the victim C would not be held liable for criminal liability for the Defendant in the future; (c) the Defendant was unable to pay the said KRW 20 million by the payment date; (d) the Defendant deposited the victim C with the victim on April 4, 2013; (e) the victim agreed at the trial that C would receive the above deposit and will not be held liable for criminal liability for the Defendant; and (e) the Defendant supported his wife and his family members; and (e) other Defendant’s character, conduct and environment; (e) the background and consequence of the instant crime; and (e) the circumstances that led to the instant crime, and there is no reason for the lower court’s assertion that the aforementioned sentence was unreasonable.

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