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(영문) 광주지방법원 2015.11.19 2015노251

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment without prison labor, one year of suspended execution, and one hundred and twenty hours of social service) is too unhued and unreasonable.

2. The crime of this case was committed by the Defendant due to the negligence of violating the duty of Jeonju City Mayor, etc., resulting in injury to the victim, which requires treatment for about eight weeks, and the nature of the crime is not good in light of the degree of damage, and the fact that the Defendant had been punished for the same kind of crime is a disadvantage.

However, the defendant repents his mistake and reflects it, the victim who tried to cross the road without permission at the time of the accident in this case was at considerable negligence in the occurrence of the traffic accident or the expansion of damage, and the victim's payment of 16,50,000 won to the victim in Samsung Fire Marine Insurance Co., Ltd., which is a liability insurance company, in terms of medical expenses and agreement, appears to have been partly recovered from damage, etc., the favorable circumstances, such as the defendant's age, character and behavior, environment, the background and result of the crime in this case, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines of the Supreme Court and the scope of sentencing guidelines for the sentencing of the Supreme Court / [the range of recommending punishment / [1-6 months]] mitigation area (1-6 months) of the general traffic accident (the scope of punishment / [special mitigation] of the mitigation area (the injury of the traffic accident) [the defendant] is deemed to be unfair because the court below's punishment is too unjustifiable and it is not justified.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.