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(영문) 서울북부지방법원 2018.04.13 2017노2051
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (the imprisonment without prison labor for eight months and the suspension of execution for two years) of the lower court is deemed to be too unhued and unfair.

2. The crime of this case is determined by the Defendant’s negligence in disregarding the red signal and causing the Defendant to suffer necessary injury by shocking the victim at the crosswalk, and not by the Defendant’s fault and damage level, and the Defendant’s liability for the crime of this case is not easy but by applying the strong punishment against the Defendant.

It is reasonable for the defendant to have caused a traffic accident, and the fact that the defendant has been sentenced to three times a fine for the same crime is disadvantageous to the defendant.

On the other hand, the circumstances favorable to the defendant are as follows: the defendant's mistake is recognized, the vehicle operated by the defendant is insured by the National Federation of Taxi Transport Business Associations, the defendant's deposit of KRW 3 million for the victim.

Considering the above circumstances and other conditions of sentencing as indicated in the records, such as the Defendant’s age, sex, environment, and circumstances after the crime, it is difficult to deem the lower court’s punishment to be too uneasible and unfair.

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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