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(영문) 의정부지방법원 2013.08.13 2013노926
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in the judgment of the court below is unreasonable because the punishment of a fine of KRW 500,00 is too unhued.

2. Although the judgment of the court below is recognized as a situation where the defendant was punished as a crime of the same kind, and the victim's injury is more than six duplicities, etc., the punishment of the court below is appropriate, and it cannot be deemed unfair by taking into account the following factors: (a) the defendant committed a crime and committed a misunderstanding; (b) the defendant agreed that the defendant was guilty; (c) the vehicle operated by the defendant was a member of the mutual aid association; (d) the defendant was punished as a crime of the same kind in 1998; and (e) there was no record of punishment as the same kind of crime until the crime of this case was committed after the defendant was punished as a crime of the same kind in 198; and (e) the defendant's age, character and behavior, occupation and environment

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

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