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(영문) 부산지방법원 2013.09.13 2013노1715
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of two years of probation and two hundred hours of community service order is too unfasible in August of the court below sentenced to the defendant.

2. It is recognized that the degree of damage caused by the instant traffic accident, such as the death of the victim, has significant degree of damage, and it has not yet been agreed with the bereaved family members of the victim, and that the bereaved family members are suffering from the death of the victim.

However, the traffic accident in this case seems to have been committed by the victim due to the failure of the victim to cross the road near the exclusive road for the eight-lanes without permission and caused the collisions near the center line of the four-lanes, and the occurrence of the accident seems to have been very serious by the victim's negligence. The defendant found that the defendant was trying to detect the victim and reduce speed and to break down the hand toward the right side, and it seems that the victim's bereaved family members are able to receive compensation due to the purchase of the comprehensive motor vehicle insurance. The defendant recognized the crime in this case, the defendant was 8 years old, the defendant was 8 years old, and the defendant was fully dependent on the defendant's import. In full view of all the circumstances such as the defendant's age, environment, family relationship, occupation, the occurrence of the traffic accident in this case, the circumstances before and after the crime in this case, etc., the court below's sentence of probation is too unfair.

The prosecutor's assertion is without merit.

3. According to the conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the prosecutor's appeal of this case is without merit.

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