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(영문) 대전지방법원 2013.04.11 2012노2766

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (five million won of a fine) is too unhued and unreasonable.

2. It is recognized that the crime of this case was committed by the victims, which caused physical and property damage to the victims, the defendant did not reach an agreement with the victims, and the defendant does not leave the scene without any appropriate relief measures at the site. However, the defendant is led to confession in violation of the crime of this case, the defendant has no criminal records during the last ten years, the defendant's vehicle is covered by comprehensive insurance and the victims' insurance proceeds are paid, and the damages are most recovered due to the victims' payment of insurance proceeds, and all other sentencing conditions such as the defendant's age, character, character, occupation and environment are considered to be considered as unfair. Thus, the prosecutor's assertion is without merit.

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