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(영문) 인천지방법원 2020.09.25 2020노677
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution in October, fines of 300,00 won, and community service order of 80,000 won) declared by the court below to the defendant is too uneasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in circumstances that may consider the sentencing after the lower judgment. The instant crime is unfair by taking into account the circumstances asserted by the prosecutor as grounds for appeal, even if the Defendant, while driving a two-wheeled automobile at least three times on a new wall, is shocked to the victims who cross the road on pedestrian color signal near the crosswalk and especially caused the victims E with serious injury. However, the victims are also at fault in the accident, and there is no criminal offense exceeding the fine, and there is no criminal offense committed by the Defendant. However, considering the various sentencing conditions in the instant case including the fact that the two-wheeled vehicle driven by the Defendant was covered by liability insurance, the victims’ damage was partially recovered due to the Defendant’s purchase of the two-wheeled vehicle, and there was family members need to support the Defendant.

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

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