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(영문) 청주지방법원 2014.12.05 2014노804
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. An agreement was reached between the victim and the victim to the point that the degree of injury suffered by the victim was serious due to the instant traffic accident, and up to the trial of the case;

There is no circumstance to see that the victim or the victim is the defendant's wife, and there is no circumstance to see that the victim is the defendant's wife.

However, the fact that the defendant recognized the crime of this case and is against the fact that there is no other history of criminal punishment except two times prior to the previous punishment, and that the court below deposited 4 million won for the recovery of damage at the court below, and that in relation to the traffic accident of this case in Samsung Fire Insurance Co., Ltd. to which the victim joined, approximately KRW 65 million was paid to the victim as non-insurance accident insurance amount in relation to the traffic accident of this case (as the above Samsung Fire Insurance Co., Ltd.'s performance of the duty of indemnity, the insurance company to which the defendant joined the above Samsung Fire Insurance Co., Ltd., paid KRW 42,50 million, the defendant paid KRW 20 million). The defendant paid approximately KRW 2,50,000 to the crossing victim without considering the circumstances such as the defendant's age, character and behavior, family relation, means and result of the crime, etc., the defendant cannot be viewed as being unfair by taking into account various circumstances such as the defendant's age, character and behavior, the method and result of the crime, etc.

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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