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(영문) 대전지방법원 2013.09.04 2013노527
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall circumstances, such as the occurrence of the instant traffic accident by negligence in violation of the signal and the very serious injury to the victim, the summary of the grounds for appeal (e.g., imprisonment without prison labor, two years of suspended execution, probation, community service order, 80 hours of attendance order, 40 hours of attendance order (former imprisonment without prison labor, one year) imposed by the lower court is too unreasonable.

2. The crime of this case is acknowledged that the defendant, while driving C45-person tourist buses, was driven by a red signal while driving the Defendant, was driven by the victim's driver's vehicle going to left side from the right side of the direction of the Defendant's running along the blue pedestrian signal and suffered about 24 weeks of the victim's blood he was in need of approximately 24 weeks of treatment, and the victim was faced with the victim's blood ties, which is less than the victim's blood ties, the left side-to-hand special-purpose, over-hand special-purpose, over the principle of no taxation, over the principle of no taxation and punishment of no taxation and punishment of no taxation and punishment of no taxation and punishment of no taxation and punishment of no punishment of no punishment.

However, in full view of all the circumstances, including the defendant's age, character and conduct, motive and circumstance leading to the crime of this case, circumstances after the crime of this case, etc., the court below's punishment is proper and too unreasonable, and thus, the prosecutor's above assertion is without merit, on the grounds that the defendant's punishment is not unreasonable, and thus, it is not reasonable to deem that the defendant's punishment of this case is proper and too unreasonable.

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.

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