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(영문) 의정부지방법원 2019.02.19 2018노762

교통사고처리특례법위반(치상)등

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The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (2.5 million won of a fine) against the Defendant in the summary of the grounds for appeal is deemed to be too unhued and unreasonable.

2. Determination of the instant drinking driving leads to the occurrence of a traffic accident, and the fact that the Defendant did not agree separately with the victim F is disadvantageous to the Defendant.

However, in light of the fact that the Defendant appears to have an attitude to recognize and reflect the crime, the injury caused by the instant traffic accident is relatively minor, the Defendant’s driver’s vehicle was subscribed to an automobile comprehensive insurance policy, the Defendant paid KRW 4 million to the insurance company in the process of insurance processing, the Defendant agreed to provide an agreement separate from the victim D, the Defendant appears to have lived in good faith with no penalty power after entering Korea around May 201, the fact that there is a family member to provide support, and all other sentencing conditions specified in the argument of the instant case, it cannot be said that the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, the prosecutor's above assertion is not accepted.

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.