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(영문) 의정부지방법원 2013.10.16 2013노686
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of a fine) imposed by the court below on the defendant is too unhued and unfair.

2. In light of the contents, means, results, etc. of each of the crimes of this case committed by the Defendant, there is no unfavorable circumstance, such as the fact that the nature of the crime of this case is not weak, and that there is no smooth agreement or complete recovery from damage with the victims. However, the Defendant has led to the confession of the crime of this case and statement that his mistake has been divided in depth. On the other hand, the Defendant did not have much degree of injury to the victim C of the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, and the vehicle involved in the accident purchased a comprehensive motor vehicle insurance and carried out personal compensation and personal compensation insurance for the victim. The amount of damage caused by the fraud is relatively minor, and the amount of damage caused by each of the crimes of this case should be considered at the same time as the first crime of this case written in the judgment of the court below. The Defendant is still under 20 years old, and the Defendant’s age, character and conduct, intelligence and environment, motive and consequence of the crime of this case, the Defendant’s motive and circumstance of this case’s crime, health relationship, etc.

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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