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(영문) 광주지방법원 2016.05.25 2015노2842
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two years of suspended execution for four months of imprisonment without prison labor, and 80 hours of community service) declared by the court below is too unfasible and unreasonable.

2. The instant crime is an unfavorable circumstance where the Defendant, who was driving a vehicle, violated the duty of pedestrian protection in the crosswalk and inflicted an injury on the victims while driving the vehicle, and thus, the nature of the crime is not good, the degree of injury suffered by the victims is not less exceptionally, and the victims did not agree with the victims until the in-depth trial.

On the other hand, the fact that the defendant has recognized his mistake and reflects it, the defendant is the first offender who has no previous conviction, the motor vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, and the defendant deposited KRW 3 million for the victim D and KRW 1 million for the victim E.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., as shown in the pleadings of the instant case, it cannot be deemed unfair because the lower court’s sentence was too unfasible and unfair. Therefore, the Prosecutor’s allegation above 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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