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(영문) 청주지방법원 2017.11.02 2017노791
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (five months of imprisonment without prison labor and two years of suspended execution) of the lower court is deemed to be too untile and unfair.

2. Circumstances unfavorable to the defendant are as follows.

The defendant caused the accident of this case by negligence in violation of the right-hand turn, and the defendant's negligence is not weak.

The degree of injury suffered by the victim F, who was accompanied by the defendant's Otoba, is more severe.

The defendant did not agree with the victim F and C.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognized the instant crime and runs against the Defendant.

The defendant agreed with the victim E, and the victim F does not want to be punished by the defendant.

The degree of injury suffered by victims E and C is easy.

The defendant is an initial offender who has no record of punishment.

Defendant

In addition, the accident of this case suffered serious injury.

In addition to the above circumstances, taking into account the following circumstances, the Defendant’s character, experience, environment, the background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and theories of change, such as the circumstances after the crime, the lower court’s punishment against the Defendant cannot be deemed as unfair because it is too unfasible.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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