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(영문) 수원지방법원 2016.11.04 2016노3603

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The judgment of the Defendant is not somewhat liable for receiving injury to the aged 70 years old victims who had been making a internship at a place where the center line of yellow solid lines is installed and taking about nine weeks old victims who need approximately nine weeks of treatment.

However, in full view of the following circumstances: (a) the Defendant, who had no record of criminal punishment prior to the instant crime, recognized the instant crime and reflects the fact that it was committed; (b) the Defendant was paid KRW 20,252,430 for medical expenses to the victim through the automobile insurance in which the Defendant joined; and (c) the Defendant separately deposited KRW 5 million for the victim; and (d) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the instant crime, the lower court’s punishment is deemed unreasonable, and thus, the Prosecutor’s allegation of unfair sentencing is

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.