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(영문) 전주지방법원 2014.08.22 2014노485
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main sentence of the grounds for appeal (the suspended sentence of KRW 3,00,000,000) declared by the court below is too unhued and unreasonable.

2. The crime of this case where the defendant, while driving a crosswalk in violation of the signal, caused serious injury to the victim by shocking the victim at the crosswalk, does not correspond to the crime of this case. However, the punishment imposed by the court below is too unjustifiable in light of the following factors: (a) the defendant paid 5 million won to the victim and did not want to be punished by the defendant; (b) the defendant started to deliver the victim while the defendant was doing so; (c) the defendant did not have any criminal power; (d) the defendant was the first offender with no past record of crime; and (e) the defendant was living faithfully as a university student of 21 years old; and (e) the defendant's age, character, character, environment, family relationship, and circumstances after committing the crime.

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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