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(영문) 전주지방법원 2020.06.18 2020노90
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended sentence, two years of probation, 160 hours of community service order, and 40 hours of order to attend a compliance driving lecture) is too uneasy and unreasonable;

2. The judgment driving is highly likely to be subject to criticism because of the high possibility of traffic accidents and the high risk of unclaimed behaviors in the life and home of others as well as in itself.

The contents of the instant crime are not good, and the fact that the Defendant violated a signal while under the influence of alcohol and causes the victim G with about 12 weeks, about 2 weeks, about 6 weeks to the victim I, and about 6 weeks to the victim J, etc., and that there is no agreement with the victim G, etc. are disadvantageous to the Defendant.

However, in full view of the following facts: (a) the Defendant is deeply divided and reflected in the instant crime; (b) the victim J does not want the Defendant’s punishment; (c) the insurance money of KRW 13,367,530 was paid to the victim G under the name of medical expenses, etc. through the comprehensive insurance in which the Defendant was admitted; (d) the Defendant is a primary offender who has no criminal power; and (e) the Defendant’s age, character and conduct, environment and other sentencing conditions, the lower court’s punishment 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 ground that it is without merit. It is so decided as per Disposition.

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