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(영문) 서울동부지방법원 2014.07.11 2014노393
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of suspended sentence in April of the safe) is too unfasible.

2. The crime of this case was committed under the circumstances that the defendant neglected the duty of safety, such as the Jeonju City, and caused damage to the driver due to the negligence of operation of Obaba, and caused damage to the driver for 12 weeks, the degree of injury to the victim is relatively heavy, and the victim is under medical treatment until now. Despite the fact that compensation was not sufficiently made due to the relationship covered only by the liability insurance of this case, the defendant did not recover the damage to the victim until now or have not been able to receive the compensation. However, there are some favorable circumstances that are favorable to the defendant, such as the defendant's mistake and the fact that there was no special power other than punishment once due to the previous negligence, the motive, means and result of the crime of this case, the circumstances after the crime, the age, character and behavior of the defendant, intelligence and environment, etc., the prosecutor's assertion is without merit, and thus, it is not reasonable to deem the defendant's punishment imposed by the court below as being too uneasible.

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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