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(영문) 광주지방법원 2016.10.13 2016노27
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 7,00,000) is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The instant traffic accident is that the Defendant, in violation of the duty to protect pedestrians in the crosswalk, shocked the victim, who is the primary school school student, who dried the crosswalk, and is not against the fault of the victim on the occurrence of the accident.

The injury suffered by the victim is serious.

The victim did not reach an agreement with the victim.

On the other hand, the following conditions are favorable.

The defendant reflects his fault.

The driver is responsible to some extent for the occurrence of an accident to the governance victim after the vehicle stops adjacent to the crosswalk and the crosswalk.

The Defendant is an initial offender who had no record of criminal punishment prior to the instant case.

A motor vehicle operated by a defendant may be recovered from damage to the victim as the motor vehicle is covered by a comprehensive motor vehicle insurance.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, the prosecutor’s assertion is without merit.

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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