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(영문) 청주지방법원 2021.02.18 2020노1235
교통사고처리특례법위반(치사)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant had been convicted of having paid a traffic accident on seven occasions due to driving without a license or driving without a license, and that one victim's life was re-off while driving without a license even during the period of suspension of execution, resulting in death, and the other victim's injury was suffered. In full view of the circumstances, such as the nature of the crime is not good, and the risk of re-off of a crime is high, the lower court's punishment (20 million won) is too unreasonable.

2. Since the current Criminal Procedure Act, which takes the trial-oriented principle and direct principle as to the prosecutor’s unfair argument of sentencing, has a unique area for sentencing determination, it is reasonable to respect the first instance judgment in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the prosecutor in the lower court appear to have already been considered when determining the punishment at the lower court, and there is no additional document to change the lower court’s punishment, and there is no other submission of additional document to change the Defendant’s age, sex, environment, means and consequence of the crime, and circumstances after the crime, etc., taking into account all the factors of sentencing indicated in the records of this case, the lower court’s punishment is deemed appropriate.

3. The appeal by the prosecutor of the conclusion 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.

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