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(영문) 제주지방법원 2013.07.18 2013노78
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. On July 25, 2012, the Defendant was sentenced to one-year suspension of the execution of one-year imprisonment for a violation of the Road Traffic Act and the Act on Special Cases concerning the Settlement of Traffic Accidents, and is currently under the suspension of the execution of one-year suspension of the execution of the sentence, and in addition to the above previous conviction, the Defendant could have been sentenced to imprisonment for a violation of the Road Traffic Act (unlicensed Driving) and again committed the instant crime.

However, in full view of the following factors: the victim of the instant traffic accident: (a) illegally crossing the vehicle at night; (b) the speed of the vehicle driven by the Defendant was low; (c) the comprehensive motor vehicle insurance was subscribed to; and (d) deposited KRW 2 million for the victim in the original trial; (b) the disposal of the vehicle after the instant accident; (c) the most supporting eight children; and (d) other all the sentencing conditions in the records, such as the Defendant’s age, character and conduct, family environment, etc., the Defendant’s punishment against the Defendant cannot be deemed unfair because it is too unreasonable.

3. According to the conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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