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(영문) 의정부지방법원 2016.03.31 2016노73
자동차손해배상보장법위반등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court (six months of imprisonment) is too unhued and unreasonable.

2. The judgment of the defendant caused the traffic accident of this case by occupational negligence not falling under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents while the defendant was operating a victim who is a workplace guard in order to have him/her returned home, and caused the traffic accident of this case by occupational negligence not falling under the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents. In light of the body and degree of the victim's injury, the above error of the victim seems to have caused the expansion of damage, the defendant did not have any history of punishment due to traffic accident, the defendant paid three million won for the victim, and deposited three million won for the victim.

On the other hand, the victim suffered serious injury that could not recover consciousness due to the traffic accident of this case, and the situation where it is difficult to contain it in the future, and the defendant operated an Oral Ba while operating an Oral Ba, without purchasing liability insurance, caused the traffic accident of this case, which led to the occurrence of the above serious damage of the victim, and it is difficult to expect that the damage will be sufficiently recovered in the future.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court’s sentencing committee, etc., the lower court’s punishment cannot be deemed as excessive, excessive, or unreasonable as it is too fluent.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit.

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