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(영문) 춘천지방법원 강릉지원 2013.03.19 2012노420

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (one million won of a fine) is too unhued and unfair.

The point of accident on board is a report with frequent traffic of pedestrians, and the degree of injury suffered by the victim is about eight weeks, and there is a relatively less unfavorable condition to the defendant.

However, in light of the fact that the Defendant confirmed the back of the truck before driving the truck, but the victim did not seem to have been small, and the victim was mainly injured on the head side of the truck at the time of the accident, the victim appears to have been walking at the time of the accident, and in such a case, it is difficult for the victim to recognize the existence of the victim even if the Defendant intends to follow the truck. The above truck is covered by a comprehensive motor vehicle insurance, and the Defendant divided his mistake, and agreed to pay KRW 3 million to the victim, and the Defendant did not have any history of punishment for the same crime, and all other circumstances that form the conditions for sentencing in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court is somewhat uneasable, but it cannot be deemed unreasonable.

Therefore, the appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.