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(영문) 의정부지방법원 2017.10.24 2017노2023
교통사고처리특례법위반(치상)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below on the defendant (eight million won in penalty) is too unhued and unfair.

B. The sentence imposed by the lower court on the Defendant is too unreasonable.

2. The judgment of the Defendant recognized and reflected the instant crime.

On September 24, 1988, the defendant was punished by a fine of one million won due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and there is no record of punishment in excess of a fine or punishment for violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

Defendant

The driver bus is a member of the National Federation of Bus Transport Business Associations, and agreed with the victim.

On the other hand, the defendant suffered bodily injury, such as the bridge of light 24 weeks in need of medical treatment by shocking the front part of the victim E-driving vehicle, which was directly left at the opposite lane by negligence even though the signal was sent to the third-distance intersection where the signal was installed. In light of the type of crime and the degree of injury, the crime is heavy.

In light of all the above circumstances, the lower court appears to have determined the sentence against the Defendant, and there is no change in the sentencing conditions that can be deemed unfair to maintain the judgment of the lower court as it is.

Comprehensively taking account of the above circumstances and other various sentencing conditions, such as the Defendant’s age, sex, intelligence, environment, and circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be too weak or unreasonable.

The prosecutor and the defendant's improper argument in sentencing is without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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