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(영문) 대구지방법원 2019.06.28 2019노241
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. It is recognized that the Defendant had already been sentenced to a fine of 2.5 million won due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and that the Defendant suffered serious injury, such as the instant case, which requires approximately 12 weeks medical treatment.

However, it is also recognized that the defendant recognized the crime of this case and reflected against the defendant, agreed with the victim, there is no criminal record exceeding the fine, the bus operated by the defendant is a member of the mutual aid association, if the suspension of execution or heavier punishment is finalized, the defendant seems to suffer disadvantage in the workplace, and there is a child who should support the defendant.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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