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(영문) 의정부지방법원 2013.08.02 2013노762
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution in August) by the lower court is deemed to be too unhued and unfair.

2. The degree of damage of the victim caused by the accident in this case is very serious, and although the defendant's family members want to be punished by the defendant because the defendant did not agree with the victim, the defendant is seriously against his own will. According to I's statement of the witness of the accident in this case, even though the defendant was trying to take a vehicle behind the accident in this case, it is difficult to avoid the possibility of the accident that the victim was trying to take a vehicle behind the vehicle in this case because the victim was aware that the vehicle in this case was driving, and it is hard to see the vehicle in this case from the five tons' truck driver's seat, and therefore, the accident in this case occurred in the course of the defendant's moving a vehicle outside of the vehicle. Considering the above circumstances of the accident, it is extremely difficult for the defendant to take into account that the defendant's gross negligence of the accident in this case is extremely high in terms of the victim's membership in the freight mutual aid association and compensation for the damage caused by the accident in this case, the defendant's motive, age, circumstances, and circumstances of the crime in this case, 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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