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(영문) 대전지방법원 2014.12.29 2014노1763
교통사고처리특례법위반
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., indubio) of the original judgment (e.g., in four months of imprisonment without prison labor and one year of suspended execution) is too uneasible

2. The instant accident is that the Defendant drives a vehicle on the new wall.

The crime of causing serious injury to the victim, such as cerebral cerebrovassis in the days of treatment, due to the negligence of occupational negligence that failed to properly see the bank, is not less severe than that of the crime.

However, there are extenuating circumstances, such as the fact that the defendant repents and reflects his mistake, that the negligence of the victim who walked on the roadway of the accident seems to have contributed to a considerable portion, that the defendant deposited 5 million won in the court below for the victim, that the victim and his family do not want the punishment of the defendant, that the victim and his family do not want the punishment of the defendant, that the harming vehicle are subscribed to the mutual aid association, that the defendant is a first offender who has no criminal power.

In this context, the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee of the Supreme Court is from January of the Treasury to June, the traffic crime group, the general traffic accident, the type 1, the special person (where there is considerable negligence in the occurrence of traffic accidents or the expansion of damage even to the victim, the victim is not subject to punishment, and the increased factor occurs), the mitigation area, the scope of recommendation (1 to June of the Treasury), and the scope of recommendation (1 to June of the Treasury). The major reasons for the suspension of execution (in the event of an illegal serious injury: positive: if the victim is negligent in the occurrence of traffic accident or the expansion of damage, the victim is not subject to punishment, and there is no history of criminal punishment), the suspension of execution. In full view of all the sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, and the situation before and after the crime, it is not recognized that

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per

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