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(영문) 서울중앙지방법원 2013.03.21 2013노267

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The penalty of KRW 2,00,000, sentenced by the lower court, is too unhued and unreasonable.

2. Although the victim suffered six weeks of injury due to the instant traffic accident, the Defendant did not have any particular criminal power in addition to being punished by a fine once for the same crime for the last ten years, and the Defendant’s driving vehicle is subscribed to the Private Taxi Mutual Aid Association.

In addition, the defendant agreed with the victim in the court below, and his mistake is divided.

In light of these circumstances, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records, such as the circumstances after the crime, the sentence imposed by the lower court is appropriate, and it cannot be deemed unfair because it is too uneasible. Therefore, the Prosecutor’s above assertion is rejected.

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