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(영문) 대구지방법원 2017.10.26 2017노1710
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The degree of criticism is large in that it causes a traffic accident by negligence by a defendant who intrudes on the sidewalk and causes a serious injury to the victim 10 weeks of care;

However, in full view of all the sentencing conditions and arguments, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable, in light of the following: (a) the Defendant was committed in the course of committing the crime; (b) the Defendant did not want the Defendant’s punishment in agreement with the victim; (c) the vehicle is covered by the automobile comprehensive insurance; (d) the Defendant did not have any criminal record other than once a fine; and (e) the Defendant was not guilty.

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

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