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(영문) 의정부지방법원 2017.05.29 2017노389
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year and two months of imprisonment, two years of suspended execution, observation of protection, community service, 120 hours of attendance order, and 40 hours of attendance order) is unreasonable as it is too unfasible.

2. Although the Defendant had a large number of traffic-related criminal records, it is not easy to view that the Defendant’s negligence of violating the signal while driving a cargo vehicle without mandatory insurance, resulting in an injury to a large number of victims and resulting in considerable property damage.

In addition, the defendant does not appear to obtain a letter from the victims or make efforts to recover damage.

However, in light of the fact that the Defendant appears to repent of mistake while leading to the confession of the crime, the record of punishment exceeding the fine, the record of obstructing the performance of official duties, and other various sentencing conditions in the record, such as the background of the crime, the circumstances after the crime, and the age of the Defendant, the sentence of the lower court is too unreasonable.

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 appeal is without merit.

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