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(영문) 부산지방법원 2013.10.11 2013노2143
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of suspended execution and forty hours of order to attend a compliance driving lecture in the six months of imprisonment without prison labor) against the accused as to the summary of the grounds for appeal is unreasonable.

2. The instant crime committed is driving a car.

In light of the degree of negligence and injury (Seoul 3 months), it is recognized that the elderly victims who have dried the crosswalk and suffered injuries, such as a pelke, etc., and that the case is not easy, and that there is no agreement with the victim.

However, in full view of all the circumstances such as the fact that the instant accident vehicle is covered by the automobile comprehensive insurance, the fact that the Defendant deposited KRW 5 million to the victim, the fact that the Defendant was a primary offender who has no record of committing the instant crime, the fact that the Defendant recognized the instant crime and is in profoundly against the Defendant, and other circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, environment, occupation, family relationship, etc., the sentence of the lower court

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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