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(영문) 광주지방법원 2016.11.29 2016노847
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 (for a period of four months of imprisonment without prison labor, one year of suspended sentence, one year of community service, and one-year course of compliance driving) is too uneas

2. It is recognized that the Defendant’s negligence in violation of the signal caused serious injury to the victim requiring 16 weeks of treatment.

However, the defendant's vehicle was covered by a comprehensive insurance, so the victim's damage was substantially recovered, and the defendant paid an additional amount of KRW 14 million and agreed with the victim.

In addition, the defendant has no record of criminal punishment except for punishment once by a fine.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions indicated in the instant case, such as the circumstances after the crime, it cannot be deemed that the lower court’s sentence against the Defendant ought to be too uneased and reversed.

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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