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(영문) 대전지방법원 2013.11.06 2012노1469
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of all the circumstances, such as the summary of the grounds for appeal (e.g., the degree of injury suffered by the victim due to the instant traffic accident) of this case is very serious, but the defendant did not receive the victim's letter, and the defendant had the record of being punished for the same kind of crime, the prosecutor sentenced the court below to imprisonment without prison labor for one year against the defendant.

It is too unfortunate that it is unfair.

2. The instant crime committed on October 4, 201, at around 04:35, the Defendant got the victim C (the age of 48) who was going on a two-lane street in the front direction due to the negligence of neglecting the duty of the front direction direction, and caused the victim to suffer injury, such as an external cerebral cerebral cerebral cerebrs for which treatment is required for about 8 weeks. The instant accident place is a straight line with no particular obstacle in the front direction, where the Defendant was driving with more attention while driving the instant vehicle, even if it was possible to prevent the serious accident, which led to the result of the serious injury to the victim, and the Defendant’s vehicle only subscribed to the Defendant’s liability insurance, and did not receive any compensation from the victim.

However, the fact that the defendant shows the appearance against the defendant, the victim also has a central separation zone and a drums at night, and it is partially recognized that the defendant's vehicle owner paid approximately KRW 100 million out of the amount of the indemnity upon the claim for the amount of the insurance money paid to the victim of the automobile insurance company to which the victim was a party, according to the result of the judgment of the court below, it appears that the defendant paid approximately KRW 100 million out of the amount of the indemnity, and the defendant reached the judgment of the court, and only KRW 135 million for the victim.

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