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(영문) 서울동부지방법원 2014.12.19 2014노1573
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in August) is too unhued and unfair.

2. The crime of this case was committed in the crossing protection where the defendant's signal, etc. was installed, after checking whether there is a person who fess the right and the right and the right are well checked, and the accident result, such as the occurrence of the accident, which caused the accident, is relatively heavy, and the victim who was shocked due to the accident, such as the occurrence of permanent harm, and the fact that the defendant was not able to get used from the victim, there are some unfavorable circumstances to the defendant. However, the defendant's mistake is against the old age. The cargo vehicle of this case is covered by the comprehensive insurance; the defendant is covered by the comprehensive insurance; the defendant has no criminal power other than the punishment of a fine of 20,00 won due to the violation of the Road Traffic Act in 1976; the defendant's life is hard and has a good health condition such as the motive, means and result of the crime of this case; the defendant's motive, result; the situation after the crime; the defendant's age, character and environment; and the sentencing guidelines of the defendant are too unfair.

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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