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(영문) 의정부지방법원 2015.10.21 2015노532
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment without prison labor, two years of suspended execution, and one hundred and sixty hours of community service) of the lower court is deemed to be too uneasy and unreasonable.

2. The instant accident was caused by the Defendant’s parking of a vehicle on the way to prevent students’ passage through a university without properly operating the brake system, such as dives, while parking the vehicle, and thus, the degree of breach of duty of care cannot be deemed to be negligible. The Defendant’s strict punishment is also necessary in light of the following: (a) the female victim, who is a female under the age of 21, caused the instant accident, resulting in a serious injury; and (b) the head of the Gu, who was a female under the age of 21, caused a serious injury; and (c) the head of the Gu, a serious injury, caused a serious injury; and (d) the school life in the course of treatment

However, in full view of the following factors: (a) the Defendant is recognized as committing a crime; (b) the Defendant’s vehicle is subscribed to a comprehensive motor vehicle insurance and the victim has received insurance proceeds of KRW 58 million; (c) the victim has not reached an agreement on contact with or contact with the Defendant; and (d) the Defendant has made efforts to recover damage by making a deposit in the trial; (b) the circumstances and results of the instant accident, including the Defendant’s absence of identical criminal records; and (c) all the sentencing conditions, including the circumstances after the accident; and (d) the scope of recommendations according to the sentencing guidelines of the Supreme Court (traffic crime group, general traffic accident group, type 1 (accident of traffic accident); (d) the area of aggravation (in the event of serious injury; - January 6); and (e) the scope of recommendations according to the sentencing guidelines of the Supreme Court.

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

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