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(영문) 서울남부지방법원 2019.02.15 2018노586

교통사고처리특례법위반(치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment without prison labor for six months, the suspension of the execution of two years, the fine of three hundred thousand won, and the community service order of one hundred and sixty hours) declared by the court below is too uneased and unreasonable.

2. In full view of all of the sentencing conditions in the records and arguments of this case including the circumstances that the court below rendered on the grounds of sentencing (the degree of injury the defendant sustained due to the crime of this case, but it is difficult to see that the defendant's negligence is unilaterally heavy in connection with the occurrence of the accident of this case, the liability insurance is able to compensate for a part of damage, and the defendant has no history of traffic accident) and all of the sentencing conditions shown in the records and arguments, the sentence imposed by the court below is deemed appropriate and it is deemed unfair, therefore the prosecutor'

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