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(영문) 대전지방법원 2015.05.14 2014노3245
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 6 months of imprisonment without prison labor and 2 years of suspended execution) of the lower court’s punishment against the Defendant is deemed to be too uneasible and unfair.

2. The Defendant committed the instant crime even though he/she had been punished several times for a traffic-related crime (4 times of fine, one suspended sentence, and one suspended sentence). The instant case was committed by the Defendant due to the negligence committed by the Defendant who committed a central line and received victims, and sustained approximately four weeks of medical treatment and approximately eight weeks of medical treatment, and the Defendant’s negligence is disadvantageous to the Defendant.

However, the defendant seems to have led to the confession of the crime of this case and reflect his mistake, the vehicle of the defendant's driver seems to have been covered by the comprehensive automobile insurance, and the victim's payment of insurance money seems to have been recovered to a certain extent, and the defendant and victims have agreed not to file a civil or criminal lawsuit or objection, and other sentencing conditions stipulated 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 before and after the crime, etc., various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the sentencing guidelines set forth in the Sentencing Commission of the Supreme Court, the traffic crime group, the first type of traffic accident, and the special mitigation factors: The defendant's efforts to recover damage: The scope of the recommended sentence is serious for recovery of damage: 1-6 months of imprisonment without prison labor: In full view of the general reference reasons (affirmative relation and comprehensive automobile insurance policy). Thus, the prosecutor's assertion of unfair sentencing 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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