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(영문) 부산지방법원 2014.06.20 2014노573
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 5 million imposed by the court below to the defendant is too unhutiled.

2. The crime of this case is acknowledged that the defendant neglected his duty of front-time care and suffered injuries by shocking the victim (seven years of age) who has dried the crosswalk in the children protection zone with the vehicle. Since the child lacks his ability to determine lag and ability of situation, he did not think of any danger and injury by concentrating on public games or ties with relatives, it is necessary for the driver to pay a high level of attention in the children protection zone. In light of the fact that the traffic accident of this case is not committed by the defendant, the degree of damage caused by the accident of this case is not easy, the degree of damage was not agreed with the victim until the trial, and the victim complained for the strict punishment of the defendant in the victim protection zone.

However, in full view of the following: (a) the fact that the Defendant recognized the instant crime; (b) the Defendant’s driver’s vehicle was insured and most of the medical expenses were paid with the liability insurance money; (c) the Defendant’s mother was returned the lease deposit of laundry site that was operated with the Defendant’s mother’s loan; (d) the Defendant deposited KRW 20 million with the Defendant’s mother’s deposit; and (e) the primary offender who has no record of criminal punishment; and (e) other circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age, environment, occupation, family relationship; and (e) the circumstances before and after the instant crime,

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 ground that it is without merit. It is so decided as per Disposition.

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