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(영문) 부산지방법원 2019.09.26 2019노1908

교통사고처리특례법위반(치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (the fine of KRW 8,00,000) on the summary of the grounds of appeal is deemed to be undue.

2. Determination

A. At the time of the instant crime, the lower court determined a sentence by taking account of various sentencing factors, such as the fact that the blood alcohol concentration was high at the time of the instant crime, the occurrence of a traffic accident, the first offender, the first offender, the reflective fact, the victims, and the unanimous agreement with the victims.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the prosecutor's argument of unfair sentencing is without merit.

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