logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.11.12 2015노854
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (a fine of five million won) is too unhued and unreasonable.

Judgment

The fact that the defendant's negligence is heavy by violating the signal at the intersection and many victims, and the degree of injury of some victims is the disadvantageous sentencing factor.

However, considering the following factors: (a) the Defendant reflects his mistake; (b) the Defendant driving the victim C’s vehicle in each subparagraph caused the instant traffic accident; (c) the Defendant agreed smoothly with the victims who suffered the injury requiring medical treatment for more than three weeks; (d) the victim C who suffered the most serious injury wanted to have the Defendant’s wife against the Defendant; (e) the victim’s injury is presumed to have been partially recovered under a special contract for securing an in-car insurance for comprehensive motor vehicle insurance to which the Defendant subscribed; and (e) the Defendant is a primary offender who has no previous conviction, etc., the Defendant is an advantageous factor for sentencing; and (e) other various sentencing materials specified in the arguments, such as the background of the instant crime, circumstances after the commission of the crime; and (e) the Defendant’s age, character and conduct, and environment, the Prosecutor’s assertion has no merit.

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

arrow