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(영문) 수원지방법원 2015.11.13 2015노4260
교통사고처리특례법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of suspended execution in October, and one hundred and twenty hours of community service order) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the fact that the victim suffered serious injury due to the instant accident, lost a fetus that was pregnant, and did not reach an agreement with the victim, it is necessary to punish the defendant strictly.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the fact that the Defendant was subject to the punishment exceeding the fine; (b) the Defendant’s vehicle is subscribed to the Financial Cooperative; and (c) the Defendant deposited KRW 15 million in the lower court for the victim; (d) the circumstances surrounding the instant accident are considered; and (e) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, etc., it is not deemed that the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant, his defense counsel, and the prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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