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(영문) 대전지방법원 2013.11.07 2013노1472
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment without prison labor, two years of suspended execution, and 80 hours of community service order) on the summary of the grounds of appeal is deemed to be too uneasible and unreasonable.

2. The judgment of the court below is based on the degree of injury suffered by the victim due to the traffic accident of this case, and it is acknowledged that the defendant did not agree with the victim until now, but on the other hand, the defendant led to the confession and reflect of the crime of this case, paid approximately KRW 19.6 million to the victim within the scope of the liability insurance, and the victim was also at fault within the victim's own fault in violation of the pedestrian signal, and the victim's negligence seems to have contributed to the occurrence of the traffic accident of this case and the expansion of damage. In full view of all the sentencing conditions, including the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the prosecutor's 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 ground that it is without merit. It is so decided as per Disposition.

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