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(영문) 의정부지방법원 2016.12.16 2016노2716

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant committed the crime of this case, by neglecting the victim's driver's vehicle that was driven by the victim pursuant to the new subparagraph due to the negligence of the defendant, while the defendant was making a red signal at the intersection, and caused injury by the victim. In light of the degree of the defendant's negligence and the circumstances of the accident, the degree of injury suffered by the victims is not relatively weak, and the defendant has the power to be punished several times due to the same kind of traffic accident.

However, in full view of the circumstances that are the conditions for the sentencing of this case, such as the balance of sentencing with favorable circumstances, including the defendant's age, character and behavior, environment, background, method of crime, circumstance after the crime, criminal record relation, etc., the sentence imposed by the court below cannot be deemed to be unfair because it is deemed that the sentence imposed by the defendant is appropriate and too unreasonable.

Therefore, prosecutor's assertion is without merit.

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