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(영문) 부산지방법원 2016.12.01 2016노2426
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two years of suspended execution in August, 200, and eight hours of community service order) declared by the court below in the summary of the grounds for appeal is too uneasible and unreasonable.

2. In light of the fact that the defendant suffered an injury to the victim for at least one year, such as the scarma, etc., while driving the U.S. in excess of the central line as it is, it is clear that the degree of negligence of the defendant is not less than that of the victim, and that the victim, who is only 25 years of age, suffered an difficult injury to recover, and thus, it is necessary to sentence a severe punishment corresponding to this.

However, the circumstances such as the crime of this case basically belongs to a criminal negligence, the defendant's attitude to recognize and reflect a mistake, the vehicle driven by the defendant is covered by a motor vehicle comprehensive insurance, the defendant additionally deposited KRW 50 million in the victim, and the defendant has no criminal history, are also considered in determining the punishment against the defendant.

Considering the above circumstances and other circumstances such as the Defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime, the sentence sentenced by the lower court cannot be deemed to exceed the proper scope of sentencing discretion.

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.

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