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(영문) 부산지방법원 2013.09.27 2013노1712
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence of two years of suspended execution and 40 hours of an order to attend a law-abiding lecture is too uneasible in the six months of imprisonment without prison labor declared by the court below.

2. It is recognized that the Defendant’s negligence was large in the instant traffic accident, the degree of injury suffered by the victims is not less and not yet agreed with the victims, etc.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and thereby his mistake is against the depth; (b) the vehicle driven by the Defendant is expected to recover damage as the Defendant subscribed to a comprehensive motor vehicle insurance policy; (c) the victim H and I deposited KRW 2 million each as part of the recovery of damage; and (d) the Defendant appears to have endeavored to recover damage, such as transfer of the right to claim the payment of insurance money, etc. for the first time in the trial; and (c) the Defendant’s age, environment, family relationship, occupation, and the occurrence of the instant traffic accident; and (d) all other circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, environment, family relationship, and occupation, the occurrence of the instant traffic accident, and the circumstances before and after

The prosecutor's assertion is without merit.

3. According to the conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the prosecutor's appeal of this case is without merit.

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