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(영문) 대전지방법원 2016.01.08 2015노1788
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment without prison labor, two years of suspended execution, and forty hours of participation in law-abiding driving) on the gist of the grounds of appeal is deemed unreasonable.

2. Determination

A. The instant crime was committed by the Defendant, while driving a taxi, resulting in the collision of the victim's 14 weeks of care due to the negligence that the Defendant injured the center line while driving the taxi, and thereby resulting in the victim's injury requiring medical treatment. In light of the victim's wishing to be punished, the Defendant's responsibility is not somewhat weak.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant was not guilty of a sentence, the Defendant’s confession, and the Defendant’s driver’s vehicle is affiliated with the taxi mutual aid association, and deposited KRW 5 million for the victim, and the damage was expanded due to the victim’s failure to wear a helicopter.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relationship, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

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

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