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(영문) 청주지방법원 2018.05.03 2017노1575
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the instruction of compliance driving, the community service hours of 120 hours) is too uneased and unreasonable.

2. In light of the fact that the court below sentenced the above sentence to the defendant on the ground that the sentencing as stated in its reasoning was significant, and that the defendant was sentenced to criminal punishment for committing a crime related to driving more than 10 times in total, including the suspension of the execution of imprisonment with prison labor for three times in the blood of this case, the circumstances in which the prosecutor asserts a sentence unfavorable to the defendant in the trial are already considered as having been sentenced to punishment in the court below, and that the defendant appeared to have reached a unanimous agreement with the victim, and that the defendant had never been sentenced to punishment due to drinking or non-licensed driving after 2012, the sentencing of the court below was too uncompared so that the judgment of the court below exceeded the reasonable scope of discretion.

shall not be appointed by a person.

Therefore, prosecutor's assertion is not accepted.

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

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