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(영문) 서울동부지방법원 2017.08.17 2017노402
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because it is too unfasible to the sentence imposed by the court below against the defendant (including six months of imprisonment without prison labor, two years of suspended execution, and 80 hours of community service order).

2. It is recognized that the victim suffered a serious injury due to the instant accident, and that the victim could not receive an article from the injured person.

However, considering the degree of violation of the duty of care of the defendant who has ever passed a crosswalk due to bicycle riding, and the fact that the defendant deposited 12.5 million won for the victim in addition to the defendant's vehicle being covered by a comprehensive insurance, the defendant's primary offender, the other defendant's age, sex, family environment, the circumstances and result of the crime of this case, and the following circumstances, the court below's punishment is too weak.

shall not be deemed to exist.

In addition, in light of the circumstances such as the fact that one defendant's vehicle was covered by a comprehensive insurance but the defendant deposited the vehicle, there is a serious effort to recover the damage of the defendant.

Considering this as a special mitigation, it is not unreasonable to consider it as a special mitigation.

The prosecutor's assertion is without merit.

3. Accordingly, the Prosecutor’s appeal of this case is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.

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