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(영문) 수원지방법원 2017.08.11 2017노1445
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment without prison labor for eight months, the suspension of the execution of two years, and the order to attend a compliance driving lecture for 40 hours) is too uneasible and unfair.

2. The instant crime committed by the Defendant was committed by the negligence of entering the intersection by violating the signal while driving a bus, thereby causing an injury to the victimized vehicle and eight other victims, etc., such as the victim and other victims in the said Defendant’s vehicle. The fact that the number of victims is large and the degree of negligence is not less than that of the victim, etc. is disadvantageous to the Defendant.

On the other hand, the fact that the defendant's mistake is against himself, there is no record of punishment except punishment for a long time, and the fact that the defendant's driver's vehicle is insured by the Financial Cooperative is favorable to the defendant.

It is difficult to view that the lower court’s sentence is too uneasible and unfair, given that all of the conditions of sentencing under Article 51 of the Criminal Act, as seen above, and all of the conditions of sentencing as indicated in the records and arguments in the instant case, are considered, and there is no change in the sentencing conditions in the trial.

Therefore, the prosecutor's above assertion is without merit.

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

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