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(영문) 청주지방법원 2016.08.25 2016노353
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (ten months of imprisonment without prison labor, two years of suspended execution, and 80 hours of community service) on the summary of the grounds for appeal is deemed to be too uneasible and unfair.

2. The fact that the victim’s serious result was caused by the instant accident is disadvantageous to the Defendant.

However, considering the circumstances favorable to the defendant, such as the defendant's age, sex, career, environment, background and result of the crime, and all of the sentencing conditions indicated in the records and theories of this case, such as the defendant's age, sex, experience, circumstance and result of the crime, etc., it cannot be said that the sentence of the court below is unfair, considering the following factors: (a) the defendant took measures to actively rescue the victim after the accident of this case; (b) the defendant deposited KRW 2,00,00 for the victim's bereaved family; (c) the defendant reached an agreement with the victim's bereaved family; (d) the defendant's vehicle has been covered by comprehensive insurance; and (e) the defendant has not been subject to criminal punishment once other than the punishment imposed.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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