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(영문) 창원지방법원 2013.04.25 2012노2489
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the Defendant suffered from 15 years old high school students D with gross negligence, which caused approximately 12 years old 15 years old high school students, due to gross negligence in the middle line, and that the Defendant did not agree with the victim even though the victim was under long-term treatment, etc., the sentence (the imprisonment without prison labor order of 2 years and 120 hours in October, and the order to attend a law-abiding driving course of 40 hours) imposed by the lower court is too uneasible.

2. Taking into account the circumstances alleged by the judgment prosecutor, the following circumstances are considered: (a) the victim was at considerable negligence in the occurrence of the traffic accident of this case by driving 60 km per hour without using the headlights as a driver’s license at a 1-clock new wall; (b) the taxi driven by the defendant is affiliated with the National Passenger Transport Business Association of Korea; (c) the defendant has no particular criminal power except the defendant was sentenced to a fine due to the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act; (d) the defendant is led to confession and reflects; and (e) the defendant’s character, conduct, and environment, etc., the sentence imposed by the court below is deemed unreasonable. Therefore, the prosecutor’s allegation above is without merit

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

(However, since it is clear that the "victim C" recorded in the facts constituting the crime of the lower judgment is a clerical error, it shall be corrected ex officio by Article 25 of the Regulation on Criminal Procedure to "victim D."

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