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(영문) 의정부지방법원 2014.02.18 2013노2078
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of two million won) declared by the lower court is too unhued and unreasonable.

2. In full view of all the circumstances such as the Defendant’s age, environment, occupation, circumstance and details leading to the instant crime, circumstance after the crime, etc., the lower court’s sentence cannot be deemed unreasonable, and thus, the Prosecutor’s aforementioned assertion is without merit, on the ground that the Defendant’s judgment is too unreasonable, considering the following: (a) the Defendant’s error is recognized from the investigative agency to the court; (b) the instant vehicle, which the Defendant driven, was covered by a comprehensive motor vehicle insurance policy and the Defendant and the victim agreed smoothly between the Defendant and the victim; and (c) the Defendant’s primary crime without any criminal power.

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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