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(영문) 인천지방법원 2013.04.12 2012노3492
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, forty hours of an order to attend a law-abiding lecture, and eight hours of an order to provide community service) is too uneased and unreasonable.

2. Determination does not have any unfavorable circumstances, such as the fact that the defendant did not agree with the victim C by repaying the damage to the victim C, that the vehicle did not have been insured, that the accident did not actively respond to the victim's criminal liability after the occurrence of the accident, and that the circumstance was urgent to avoid the civil criminal liability due to the accident rather than actively aiding the victims after the occurrence of the accident. However, the court below held that the defendant agreed with the victim D at the court below, and deposited KRW 1 million under the pretext of agreement with the victim C, that the victim C was covered by the non-life insurance, and the amount of the damage was repaid by the insurance company, and that the defendant should bear the liability for reimbursement of the above amount, that there was no criminal history of the defendant, that there was no criminal history of the defendant, that there was no other criminal history of the defendant, and that all the sentencing materials appearing in the records of this case, such as the defendant's age, character

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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