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(영문) 전주지방법원 2013.09.27 2013노829
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (6 months of imprisonment without prison labor and 2 years of suspended execution) is too unfased and unfair in light of the overall sentencing conditions in light of the summary of the grounds for appeal.

2. The instant crime of this case on the grounds of appeal is a serious result that the Defendant’s family members, who did not agree with the victim until the trial, want to severely punish the Defendant in light of the following: (a) the Defendant’s act of appeal, which resulted in the Defendant’s failure to reach an agreement with the victim by driving the cargo and driving the cargo at the intersection by neglecting due care; and (b) the Defendant suffered from the frightobbane, which requires treatment for about seven months or more; and (c) thereby causing danger to life by taking care of the victim; and (d) the victim’s family members, who did not reach an agreement with the victim, want to be punished.

However, in full view of the following factors: (a) the Defendant was the first offender and is recognized as committing the instant crime; (b) the Defendant deposited KRW 25 million in the lower court for the recovery of damage; (c) the Defendant’s negligence of the victim who neglected due care while entering the intersection was a partial cause of the instant occurrence; (d) the victim’s liability insurance appears to be partly able to compensate the victim; and (e) other factors of sentencing as indicated in the instant records, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) other factors of sentencing as indicated in the instant records, such as the circumstances after the commission of the instant crime, the lower court’s punishment is too uneasible and unreasonable; and

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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