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(영문) 대전지방법원 2019.07.17 2018노2591

교통사고처리특례법위반(치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In light of the circumstances such as the fact that the instant crime was committed again despite the history of punishment for driving under the influence of judgment, and the occurrence of multiple victims due to traffic accidents, the Defendant’s liability is not easy.

However, in full view of the following facts: (a) the degree of injury suffered by the victim is minor; (b) the insurance money was paid; and (c) there are circumstances to consider the defendant, such as the time when the crime of this case was committed; and (d) there are no other special changes in the sentencing conditions that include the defendant’s age, character and conduct, environment, and circumstances after the crime; and (b) there are no special changes in the sentencing conditions different from the original judgment

3. If so, the prosecutor's appeal 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.