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(영문) 서울중앙지방법원 2015.08.27 2015노2562
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 2.5 million won) of the lower court is too unhued and unreasonable.

2. In light of the fact that the Defendant caused the instant accident by negligence that the Defendant neglected his duty of care and duty to protect pedestrians and caused the injury to the victim, strict punishment should be imposed on the Defendant.

However, in full view of all the sentencing conditions in the records and arguments of the Defendant, including the first offender, the Defendant’s violation of the instant crime, the fact that he voluntarily reported to the police immediately after the accident, the fact that he was subscribed to a motor vehicle comprehensive insurance at the time of the accident, the payment of compensation to the victim, etc., and the circumstances after the crime, etc., such as the Defendant’s age, character and conduct, the environment, the background of the accident, and the circumstances after the crime, etc., even if considering the above circumstances, it cannot be deemed unfair

The prosecutor's assertion is without merit.

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

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