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(영문) 창원지방법원 2017.02.16 2016노2837
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the sentence imposed by the court below (the imprisonment without prison labor for eight months, the suspension of execution for two years, and the community service work for one hundred and sixty hours) is too unhued and unreasonable.

2. The instant crime committed was committed by the Defendant, while driving the Oral Baba, by shocking the damaged person who dried the crosswalk, resulting in an injury, such as cutting down the upper end of ten weeks of care, and the nature of the relevant crime is not good, and even though the degree of injury of the injured person is not less exceptionally, the Defendant did not agree with the injured person, and it appears that the damage was not sufficiently recovered due to the Defendant’s subscription to the liability insurance operated by the Defendant.

However, in full view of the following circumstances: (a) the Defendant led to the confession of and reflects on the facts constituting the offense; (b) the Defendant was not subject to a fine of KRW 700,000 due to assault in 2013, and there was no other criminal record; and (c) the Defendant’s age, environment, sexual conduct, motive for committing the offense; and (d) circumstances before and after committing the offense, which are conditions for sentencing specified in the records and arguments

Although there may be room to see it too much to reverse the judgment of the court below, it cannot be deemed unfair.

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

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