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전주지방법원 2014.03.28 2013노1391
교통사고처리특례법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (two years of suspended execution for one year of imprisonment without prison labor, two hundred hours of community service, and forty hours of attending lectures) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unfortunate and unreasonable

2. Determination is recognized as favorable circumstances such as the fact that the defendant recognized the crime of this case, the defendant was a juvenile, the primary offender, the negligence of the victim crossing the road seems to have caused the traffic accident of this case, and the fact that the victim paid insurance money equivalent to KRW 119,99,080 to the victim.

However, the crime of this case cannot be deemed to have caused injury to the victim due to negligence over the center line by driving a motorcycle, and the nature and circumstances of the crime of this case cannot be deemed to be light. The crime of this case resulted in a serious result leading to the congested condition of the victim, the defendant's punishment against the defendant was sought by the victim because it did not reach an agreement with the victim, and other factors of sentencing specified in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the court below's punishment is appropriate and too heavy or too excessive, and thus, the defendant and the prosecutor's assertion of unfair sentencing are not justified.

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

(However, since it is clear that the “C” of the first sentence of the crime of the lower judgment is a clerical error in the “M”, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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