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(영문) 부산지방법원 2014.12.26 2014노3671
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because of its too unfasible punishment, such as eight months of imprisonment without prison labor imposed by the court below on the defendant and two years of suspended execution.

2. The crime of this case is acknowledged in light of the following facts: (a) the Defendant’s negligence of entering the intersection while driving the cargo, which caused the injury to the victim K, who was traveling along the truck by obtaining a bus of the victim D while driving the truck under the new subparagraph; (b) the injury requiring medical treatment for about 12 weeks; (c) the injury to the victim D and the victims of five passengers, who are bus drivers, caused the injury requiring medical treatment for about 10 days to about 3 weeks; and (d) the degree of the Defendant’s breach of the duty of care and the degree of damage known in the course of the accident; and (e) the failure to reach an agreement with the victims; and (e) the history of having been punished as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents before

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and against his mistake; (b) the cargo vehicle would have been subscribed to a comprehensive motor vehicle insurance, and would have been expected to recover damage to the victims; (c) the Defendant was punished by a fine of KRW 1 million on August 31, 199; and (d) the Defendant was punished by a fine of KRW 1.5 million on July 29, 2013; and (c) there is no record of criminal punishment until now; and (d) other various circumstances, including the Defendant’s age, environment, occupation, family relationship; and (e) the circumstances leading to the instant crime; and (e) the sentencing conditions specified in the records, such as the circumstances after the instant crime, are deemed unreasonable.

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

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