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(영문) 춘천지방법원 강릉지원 2017.12.14 2017노234
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment without prison labor for six months, the suspension of the execution of two years, and the community service order for 80 hours) is too uneasy and unreasonable.

2. The victim was injured by the instant accident caused by the Defendant’s judgment.

Nevertheless, the victim's family did not receive a letter from the victim, and the victim's family members want to be punished for the defendant.

On the other hand, the defendant is recognized to commit crimes and is against the law.

However, it seems that there is no problem that the victim is receiving medical treatment and damages because the vehicle is covered by the comprehensive automobile insurance.

When the defendant deposited KRW 5,450,00 in the court below as compensation for damages, the reason for deposit was corrected as part of the criminal agreement at the court below so that the injured party can receive the above money as a criminal agreement.

Although the defendant has been sentenced to a fine on one occasion due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the driving of drinking, he/she has long been sentenced to a fine, and has been living for the last 13 years without any previous conviction, and there is no criminal defendant who has been sentenced to a

The crime of this case should be viewed differently from the degree of crime and criticism caused by the Defendant’s negligence.

In full view of the above circumstances, the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., it is difficult to view that the lower court’s punishment is too uneasible and unfair.

3. The appeal by the prosecutor of the 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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