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(영문) 대전지방법원 2013.07.25 2013노281
교통사고처리특례법위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of a community service order of October, 2 year of probation, and 120 hours imposed by the prosecutor by the court below is too unfilled and unreasonable.

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

2. The crime of this case is determined by the Defendant’s crime of this case where the Defendant was frightened with the center line to inflict an injury on 11 victims by shocking three vehicles with the center line, and the degree of such damage is not minor.

In light of the fact that, although four of the victims suffered relatively serious injury, the defendant reached an agreement with only one of the victims, the defendant has been sentenced to the suspension of execution for the same kind of crime, and the defendant has the power to have been sentenced to the suspension of execution for the same crime. Meanwhile, the defendant inevitably intrudes the central line in the situation that the vehicle driven by the defendant is unbroomed into a broom and the accident has been expanded due to it, the above H and some victims do not want the punishment of the defendant, the vehicle of the defendant is admitted to the bus mutual aid association, and the defendant's age, character and conduct, environment and other sentencing conditions are all taken into account, and the judgment of the court below is judged to be appropriate, and it is not deemed unfair or unreasonable.

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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