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(영문) 서울서부지방법원 2013.12.03 2013노544
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that of the lower court’s punishment (two years of suspended sentence for one year’s imprisonment without prison labor) too minor;

2. In the instant accident, the Defendant suffered serious injury that the victim could not use at all, and the symptoms of the instant accident are less likely to spread in the future, etc. are elements for sentencing unfavorable to the Defendant.

However, considering the facts charged by the defendant and the facts charged by the defendant, the defendant is the first offender who has no previous conviction as 19 years old, there is no gross negligence on the defendant in the occurrence of the accident of this case, and the defendant has taken measures to protect the victim, such as reporting to 119 years after the occurrence of the accident, and in particular, when the defendant comes to a trial for the first time, and the victim does not want the punishment of the defendant, the punishment imposed by the court below is judged to be within the proper scope of sentencing.

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

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