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(영문) 서울남부지방법원 2013.10.17 2013노1228
교통사고처리특례법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The gist of the defendant's grounds for appeal is that the punishment (the imprisonment of August, the suspension of execution of two years, and the community service order80 hours) imposed by the court below is too unreasonable, and the summary of the prosecutor's grounds for appeal is that the punishment imposed by the court below is too uneasible and unfair.

Therefore, in light of the fact that the traffic accident in this case occurred due to the care of the defendant, who is a taxi engineer, the serious result that the victim was missing, and the agreement with the victim was not reached, it is reasonable to punish the defendant more strictly.

However, in full view of various circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, the victim's act of crossing the four-lanes without permission on the right side from the left side of the driving vehicle in night seems to be an important cause for the occurrence of the traffic accident of this case and the expansion of damage, there is no power to commit the crime exceeding the fine of the defendant, and there is no power to commit the crime for the last ten years, and the taxi of the defendant is affiliated with the taxi mutual aid association for about ten years, and the defendant is in depth divided into his mistake, it is not recognized that the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case and the sentencing conditions indicated in the argument and the records of this case, even if all the circumstances alleged by the defendant and the prosecutor as grounds for appeal are considered as grounds for appeal.

Therefore, the defendant and prosecutor's argument is without merit.

Therefore, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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