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(영문) 서울중앙지방법원 2017.05.11 2016노4553
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.

2. The instant crime committed by the Defendant, who is a taxi engineer, by negligence in violation of the left-hand turn, led the victim to a serious injury requiring approximately 12 weeks medical treatment by shocking the victim under the new subparagraph, and the nature of the crime is not good, and the fact that the Defendant was punished for the same kind of crime is disadvantageous to the Defendant.

However, the fact that the defendant recognized the crime of this case, the taxi operated by the defendant is subscribed to the mutual aid association, and the victim does not want the punishment of the defendant under the agreement with the victim is favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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

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