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(영문) 의정부지방법원 2017.12.14 2017노2817
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment without prison labor, two years of suspended execution, and forty hours of social service) is too unhued and unreasonable.

2. The crime of this case is serious in that the victim, who is walking along the crosswalk, was able to injure the victim by shocking the victim in accordance with the signals.

The defendant did not agree with or recover from the victim's damage, and the victim's strict punishment is the victim's side.

However, it seems that the accident vehicle will be recovered to some extent after entering into a comprehensive insurance policy, and there is no record that the defendant was punished for a traffic crime or punished more than a fine.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too uneasible and unfair.

Therefore, prosecutor's assertion is without merit.

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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