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(영문) 광주지방법원 2014.10.15 2014노785
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In light of the facts that an accident occurred in the child protection zone during school hours, the victim is a child of about 10 years of age, and the victim suffered serious injury in need of about 14 weeks of medical treatment due to the accident of this case, however, the defendant's mistake is acknowledged, while the accident of this case is the primary offender. The accident of this case is an accident that the victim gets at the edge of the road according to road conditions, the vehicle insurance is covered by the comprehensive vehicle insurance and the victim agreed to pay KRW 7 million to the victim. In addition, considering the circumstances leading up to the crime of this case, the court below's punishment is not deemed to be unfair because it is too uneasible. Thus, the prosecutor's argument is without merit.

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

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