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(영문) 대전지방법원 2015.01.08 2014노2260
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, probation, and community service order) declared by the court below is deemed unreasonable.

2. The instant accident caused serious injury to the victim due to brain injury and brain injury, and the victim's family members want to punish severe punishment. However, there is no previous punishment on the part of the defendant, and the victim's negligence on the expansion of damage, such as failing to wear a safety cap at the time of the deprivation of lebane, and the Defendant deposited KRW 3 million for the victim, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc., are considered unreasonable. Thus, the prosecutor's allegation of unfair sentencing is without merit, in full view of the following factors: the defendant's age, character and behavior, environment, motive, means and consequence of the crime.

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

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