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(영문) 수원지방법원 2014.09.29 2013노6206
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (including six months of imprisonment without prison labor, two years of suspended execution, and forty hours of compliance driving) of the lower court is deemed to be too uneasy and unfair.

2. The judgment of the court below is in a so-called plant state due to the traffic accident of this case where the victim suffered injuries, such as less severe brain and brain damage, etc., and thus, damage from the crime of this case is very serious. However, in full view of the fact that the defendant reflects the crime of this case, there is no previous conviction in depth, the defendant was paid KRW 120 million on the part of the victim through liability insurance, and the female and female as the only family member of the victim was paid KRW 10 million on the part of the victim, and the victim was not punished against the defendant, and the victim was not negligent by the fault of crossinging the three-lane road without signal lights during one night, and all of the sentencing conditions indicated in the records and arguments of this case, including the victim's age, character and behavior, the background and result of the crime, and the circumstances after the crime, it cannot be deemed that the court below's punishment is unreasonable.

3. In conclusion, the prosecutor's appeal 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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