logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.08.05 2014노1627
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty of KRW 700,000,00, which the court below sentenced to the defendant, is too unfilled.

2. The crime of this case is acknowledged that the defendant violated his duty of front-time care and caused injury to the victim requiring about 8 weeks of treatment by shocking the victim (the age of 80) who dried the crosswalk in violation of his duty of front-time care, and the crime of this case is not easy in light of the circumstances of the accident and the degree of damage.

However, in full view of the following: (a) the Defendant’s recognition of the instant crime, the first offender who has no record of criminal punishment, the fact that the Defendant subscribed to a comprehensive insurance policy would have been paid medical expenses, etc. with the insurance proceeds; (b) the victim expressed his/her intention not to punish the Defendant; (c) economic difficulty; and (d) the support of two young children should be provided; and (c) other circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age, environment, occupation, family relationship, the background leading to the instant crime, and the circumstances before and after the instant crime, the lower court’s punishment cannot be deemed unfair.

Therefore, prosecutor's assertion is without merit.

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.

arrow