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(영문) 대구지방법원 2017.01.19 2016노2765
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. One-time criminal record on the part of the defendant, and the accident in this case was not agreed even though the victimized child suffered serious injury due to the failure of the defendant to fulfill his/her duty of care in the child protection zone.

However, the defendant is against the charge, and the negligence of the victimized child and his mother who illegally crossed the road has also caused the occurrence of the accident and the expansion of damage.

A victimized child may receive a considerable amount of medical treatment through the liability insurance of the instant vehicle.

In addition, comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s punishment is deemed as unfortunate and unreasonable.

3. 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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