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(영문) 의정부지방법원 2013.10.17 2013노1678

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (six million won of a fine) of the lower judgment is too unfied.

2. Considering the fact that the defendant has been punished several times for traffic crimes, such as drinking and driving, and that the defendant's negligence in violation of the signal is not less severe, and that the victim injured, the necessity to strictly punish the defendant is recognized. However, the defendant is also recognized, the defendant's vehicle is involved in a comprehensive insurance, the traffic accident of this case is an accident caused by the victim's negligence in violation of the signal, the defendant agreed with the victim, the defendant's imprisonment and imprisonment without prison labor are deemed to be too harsh in light of the circumstances of this case since the sentence of suspended sentence imposed on the defendant is invalidated, and the defendant's imprisonment and imprisonment without prison labor are deemed to be more harsh in light of the circumstances of this case, etc., as the defendant's age, character and behavior, occupation and environment, etc., and as a whole, the amount of the fine imposed by the court below is too unreasonable.

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.