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(영문) 창원지방법원 2017.08.17 2017노953
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The circumstances unfavorable to the Defendant, such as the fact that the Defendant, while driving a motor vehicle while driving the motor vehicle, caused a traffic accident by causing four injuries to the victim, and the victim did not reach an agreement with the victims.

However, the fact that the defendant recognized and reflected the crime, and the accident of this case occurred first from the intersection where no signal, etc. is available to the damaged vehicle, which caused the defendant's failure to yield the course.

In full view of the following circumstances: (a) the Defendant’s blood alcohol concentration at the time is not high at 0.086%; (b) the victims’ injury is not excessive; (c) the vehicle driven by the Defendant is expected to have been covered by the automobile comprehensive insurance and thus, physical and human damage is expected to be recovered; and (d) the Defendant has no specific criminal history of being punished by a fine of KRW 500,000 due to the Defendant’s violation of the Labor Standards Act around 2005; and (e) other circumstances that form the conditions for the sentencing specified in the instant records and arguments, such as the Defendant’s age, environment, sex, circumstances leading to the commission of the crime, and the circumstances before and after the commission of the crime, it cannot be deemed unfair since the sentence imposed by the lower court

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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