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(영문) 서울중앙지방법원 2015.03.05 2014노4713

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant in summary of the grounds for appeal (the imprisonment without prison labor for eight months, the suspension of the execution of two years, community service 200 hours, and the compliance officer 40 hours) is too uncomfortable and unfair.

2. In full view of all the sentencing conditions in the records and arguments including the fact that the defendant was not punished by a fine exceeding a fine, the fact that the defendant was admitted to the mutual aid association and seems to have been expected to substantially recover from damage, the victim is deemed to have been negligent in the occurrence of traffic accidents or the expansion of damage, and the mistake is divided, and all the sentencing conditions shown in the records and arguments are considered, even if considering the circumstances unfavorable to the defendant, such as the occurrence of death resulting from the instant crime and the occurrence of the same type of punishment, the sentence imposed by the court below is too un

3. In conclusion, 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.