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(영문) 수원지방법원 2017.05.12 2016노6843
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (700,000 won) pronounced by the lower court on the gist of the grounds of appeal is deemed to be too unfilled and unfair.

2. The judgment that the Defendant suffered injury that requires approximately four weeks of medical treatment due to the negligence that he/she proceeded without reducing speed even though he/she was yellow signal is disadvantageous to the Defendant.

However, in full view of the circumstances favorable to the Defendant, including the fact that the Defendant recognized the instant crime, that there was no history of punishment against the Defendant for the same kind of crime, that the Defendant subscribed to the mutual aid insurance of the taxi transport business association nationwide to the taxi operated by the Defendant, that the victim’s negligence without stopping even after red signal was also the cause of the instant traffic accident, and that the Defendant’s age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unjustifiable and 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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