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(영문) 대전지방법원 2014.12.04 2014노1243
교통사고처리특례법위반
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., e., 6 months of imprisonment without prison labor and 2 years of suspended execution) of the original judgment is deemed to be too uneasible and unfair.

2. The instant crime committed by the Defendant is driving a vehicle.

By negligence, the victim suffered serious injury that requires treatment for about six months by shocking the victim, and the liability for the crime is not weak, and the fact that it is not agreed with the victim is disadvantageous to the defendant.

However, there are extenuating circumstances such as the fact that the defendant recognized his mistake and reflects, that the negligence of the victim who was illegally crossing the accident has contributed to a considerable portion, that the defendant's vehicle is subscribed to liability insurance, that the defendant deposited five million won for the victim, and that the defendant has no record of punishment exceeding the fine for the same crime.

In this context, the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee of the Supreme Court is from April to October of the Treasury, the traffic accident group, the general traffic accident, the type 1, the special sentencing person (where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage even to the victim, the cause of the aggravated injury occurs), the basic area, the scope of the recommended punishment ( April to October of the Treasury), and the main reasons for the suspension of execution (where the occurrence of a serious injury occurs, positive: the victim is also negligent in the occurrence of traffic accidents or the expansion of damage), and the suspension of execution is possible. In full view of all the sentencing conditions such as the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence, and the circumstances before and after the crime, etc., the sentence of the court below is not recognized to be unfair.

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per

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