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(영문) 수원지방법원 2017.07.21 2017노521
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of suspended execution in April of the imprisonment without prison labor) is too unfluent and unfair.

2. The judgment of the defendant caused a traffic accident where the victim was injured by negligence that the defendant neglected his/her duty of care in the front direction, and the victim's bereaved family and the point that has not been agreed until now is disadvantageous to the defendant

However, in light of the overall circumstances favorable to the defendant, such as the fact that the defendant has no history of punishment in excess of a fine, there is no particular history of punishment since 2001, the vehicle of the defendant is covered by the comprehensive motor vehicle insurance, the victim's negligence appears to have caused the instant traffic accident, etc., and the defendant's age, sexual conduct, environment, circumstances of the crime, and all of the sentencing conditions in the instant case, such as the defendant's age, sexual conduct, circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unreasonable.

Therefore, the prosecutor's above assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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