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(영문) 창원지방법원 2016.06.09 2016노701
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The judgment below caused the instant traffic accident by the Defendant’s violation of signal, the victim D, who is the injured vehicle driver of the instant traffic accident, suffered the victim D's multi-feasia in need of 3 weeks, the victim F, the victim F, the victim’s passenger, from around 12 weeks of attention, and the victim G, the passenger of the Defendant’s vehicle, suffered the salt pans of the 2 weeks of attention, and the victim G, the passenger of the Defendant vehicle, suffered respectively. The degree of damage to the said victims is not easy, and in particular, the degree of injury to the victim F, is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant led to the confession of the facts constituting an offense; (b) the victims do not want the punishment of the Defendant; (c) the vehicles operated by the Defendant are subscribed to a motor vehicle comprehensive insurance; and (d) the Defendant was the primary offender without any previous conviction; and (c) other various circumstances, including the Defendant’s age, environment, sex, motive for committing an offense; and (d) the circumstances before and after committing an offense, which are conditions for sentencing specified in the instant records and arguments, the lower court’s punishment cannot be deemed unfair because it is too 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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