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광주지방법원 2015.07.07 2014노2266
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The instant accident was caused by the Defendant’s negligence while making an illegal internship in a place other than the U.S. permitted point of internship permission, and thus, the Defendant’s negligence was serious. In light of the following circumstances: (a) the victim’s injury, such as a escape from the left-hand corner and absoning of the 12 weeks, etc., due to the instant accident; (b) the Defendant agreed to pay an agreed amount to the victim at the lower court; (c) the Defendant’s vehicle is covered by a comprehensive insurance; (d) the victim’s health was recovered to the extent that it does not interfere with daily life at present through surgery and hospital treatment; (e) favorable circumstances such as college students and the first offender; and (e) other favorable factors such as the motive and background of the instant crime; (e) the Defendant’s age, character and conduct, environment; and all of the sentencing conditions indicated in the record of this case

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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