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(영문) 창원지방법원 2013.10.17 2013노1277
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant was guilty of having suffered bodily injury due to the Defendant’s bicycle riding of the victim E (hereinafter “victim”) by driving the boom truck without well care; and (b) the Defendant was sentenced to a suspended sentence of imprisonment due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, etc. even around 1992; and (c) the Defendant did not agree with the victim; (d) in light of the fact that the Defendant was sentenced to a suspended sentence of imprisonment due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; and (e) the Defendant did not agree with the victim, the sentence imposed by the lower court

2. Taking into account the above circumstances alleged by the prosecutor, even if the defendant alleged by the judgment prosecutor, there is no history of punishment for the same kind of crime except for the crime subject to suspended sentence due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in around 1992; the defendant subscribed to liability insurance with respect to the cargo vehicle; the defendant's failure to perform his/her duty of care at the time of the accident immediately before the accident is recognized and reflects the fact that the defendant's failure to perform his/her duty of care is recognized; the defendant's character, character and environment, the background and result of the crime in this case; the circumstances after the crime, etc. and the conditions of sentencing as shown in the arguments, it is difficult for the court below to deem the defendant'

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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