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(영문) 의정부지방법원 2017.09.11 2017노1537
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment without prison labor for four months and one year of suspended execution) is too unfluent and unfair.

2. The Defendant, while driving a motor vehicle, sustained an injury that requires 14 weeks of care by shocking the children of 9 years of age who was shacking around the crosswalk in the children's protection zone. In light of the age and degree of injury of the location of the accident and the victim, the crime is heavy.

In the case of the victim's mother, the victim's mother revealed the situation where the victim suffered from the pain in the trial, and the victim tried to have the defendant punished for severe punishment.

However, in light of the circumstances and result of the accident, such as the fact that the defendant did not have any history of punishment for the same type of crime, the fact that the harming vehicle was subscribed to liability insurance and the treatment expenses, etc. are expected to have been paid through the liability insurance, and other circumstances of sentencing as indicated in the record, such as the speed of the vehicle at the time of the accident, circumstances after the crime, the defendant's age, and sexual behavior, it does not seem that the sentence of the court below is too unreasonable.

3. In conclusion, 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.

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