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(영문) 대전지방법원 2012.12.06 2012노1645
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the prosecutor's grounds for appeal;

A. In light of the fact that the Defendant was aware of the fact that the instant vehicle was not insured and operated, the Defendant made a false assertion that the Defendant borrowed the vehicle from the deceased F due to the occurrence of punishment. Therefore, the lower court erred by misapprehending the legal principles regarding the violation of the Guarantee of Automobile Accident Compensation Act.

B. The sentence of the lower judgment on the grounds of unreasonable sentencing (three million won by fine) is too unfounded and unreasonable.

2. Determination

A. Reviewing the reasoning and record of the judgment of the court below on the erroneous determination of facts, the judgment of the court below that acquitted the part on the violation of the Guarantee of Automobile Accident Compensation Act is justifiable, and thus the prosecutor’s above assertion

B. In light of the fact that the Defendant has no record of punishment as the previous sentence or the sentence of unfair sentencing, and although the instant vehicle is not insured, the Defendant paid the victim the compensation amount of KRW 12 million to the insurance company that paid the medical expenses and the agreed amount, and deposited part of the money for the victim, there is no change in circumstances that can be determined differently from the original judgment, and other various sentencing factors, the prosecutor’s assertion is not unreasonable because the sentence of the lower judgment is too unreasonable, and thus, the aforementioned assertion by the prosecutor cannot be accepted.

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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