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(영문) 대전지방법원 2015.08.20 2015노1227

교통사고처리특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for six months, two years of suspended execution, and 80 hours of community service order) of the lower court against the Defendant is deemed unreasonable.

2. The judgment of the court below is that the victim's injury caused by the crime of this case is not easy and that the defendant was unable to agree with the victim. However, the defendant is the first offender who has no criminal records; the defendant appears to be able to recover damage through the liability insurance contract concluded with respect to the vehicle driven by the defendant; the defendant deposited 1.5 million won for the victim; the defendant's compensation amount is within the scope of the recommended sentence according to the sentencing guidelines established by the Sentencing Commission; the traffic crime group in accordance with the sentencing guidelines established by the Sentencing Commission; the first type of the crime of general traffic accident; the decision on the recommended area; the recommended area of the recommendation (basic area; April-10); the scope of the recommended sentence; the suspension of execution (which has no record of criminal punishment) and other various sentencing conditions provided for in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and result; thus, the prosecutor's assertion of unfair sentencing is not reasonable.

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.