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(영문) 수원지방법원 2013.07.25 2013노2021

교통사고처리특례법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. It seems that the traffic accident of this case by the public prosecutor's judgment on the assertion of unfair sentencing is a serious injury caused by the traffic accident of this case, and the defendant was subject to criminal punishment for the same kind of crime, but it appears that the damage was recovered as a result of the victim's purchase of a comprehensive insurance policy. The defendant separately paid a agreed amount and agreed with the victim, and the victim was the victim's wife, and the victim did not properly confirm by stopping the vehicle's vehicle's passage at the point where the report was cut off, and it appears that there was an error of failing to confirm it properly. In full view of all the sentencing conditions of the records and arguments of this case, including the defendant's age, character and behavior, home environment, traffic accident circumstance, and circumstances after the crime, etc., it cannot be said that the punishment of the court below (2 years of suspended sentence in October, community service work, 120 hours, and 40 hours of the completion of compliance driving instruction) is too unjustifiable and unfair.

2. In conclusion, the prosecutor's appeal 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.

(However, since "victim C" in the judgment of the court below is obvious that it is a clerical error of "victim D", it shall be corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.