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(영문) 서울중앙지방법원 2014.06.19 2014노1347
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 5 million imposed by the court below to the defendant is too unhutiled.

2. The accident of this case causes disadvantageous injury to the defendant, such as that the victim suffered serious injury requiring 16 weeks of medical treatment.

However, in full view of all the sentencing conditions indicated in the records and arguments including the following: (a) the degree of fault of the defendant, the victim was negligent in the occurrence of the accident; (b) the victim was covered by a comprehensive insurance; (c) the victim was agreed to pay KRW 15 million to the victim; (d) there was no history of punishment; and (e) a sentence of imprisonment without prison labor or heavier punishment imposed by the employee company is stipulated to be dismissed automatically; and (e) even if such unfavorable circumstances are considered,

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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