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(영문) 서울중앙지방법원 2017.07.13 2017노368
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (five million won penalty amount) imposed on the defendant is too unfased.

2. The instant crime committed was committed by the Defendant while driving a taxi and making a left-hand turn to the Non-Protection Green Signals, and was committed by the victims who dried the crosswalk pursuant to the pedestrian signals, with approximately 12 weeks of injury to the victim D, and approximately 2 weeks of injury to the victim E, and the nature of the crime is not good.

However, the fact that the defendant recognized the crime of this case and reflected against the defendant, the vehicle operated by the defendant is subscribed to a comprehensive motor vehicle insurance (Evidence No. 27 of the evidence record), the victims and the victims have agreed smoothly (in particular, the victim D with severe injury has paid the amount of KRW 14.5 million as agreed gold, 70,000 won of fine due to drinking driving in 2001, 190, and 300,000 won of fine due to the violation of the Road Traffic Act in 190, and the fact that there is no previous force other than the 300,000 won of fine due to the violation of the Road Traffic Act

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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

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